325-0137-03 - Pages

OFFICE OF
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JUL 15-2002
2001
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BoAR GAINING
COLL~~;~~MATION
COLLECTIVE AGREEMENT
BETWEEN
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CERT.RLE .
CERT.OATE
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EXP.DATE
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CODING CONTROL
IDtNT COOED
DATE CODER
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AND
RECEIVED·
UNIO NL-{1 EMPLOYER
OTHER
1
A ThyssenKrupp Automotive Company
JANUA RY 1, 2001
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Article 1 • Purpose .......................................................
...................... 1
Article 2 - Recognrtion .......................................................
................ 1
Article 3 - Management .......................................................
.............. 2
Article 4 - No Strikes or Lockouts .................................
..................... 3
Article 5 -No Discrimination ............................................
.................. 4
Article 6 - Gender .......................................................
....................... 4
Article 7 - Bulletin Boards .......................................................
........... 5
Article 8 - Tempora'Y Transfers {Back-Up Classifications
) ................ 5
Article 9 - Employee Transfer ............................................
................. 8
Article 10 -New Classifications ............................................
............... 8
Article 11-Work by Non-Bargaining Unit Employees ...........
............... 9
Article 12 -Major Disability ............................................
...................... 9
Article 13 - Pay Day .......................................................
..................... 9
Article 14 - Union Security and Check-off ......................
.................. 10
Article 15- Union Representation .................................
.................... 11
Article 16- Safety Committee ............................................
............... 14
Article 17- Discipline .......................................................
................. 17
Article 18 - Grievance Procedure ............................................
.......... 19
Article 19 - Agenda Meetings ............................................
............... 24
Article 20- Seniority .......................................................
.................. 24
Article 21 -Loss of Security ............................................
................. 25
Article 22 - Layoff & Recall •....•.••.......................•.....•.....
........•.•.......• 26
Article 23 -Leave of Absence ............................................
............... 29
Article 24- Hours of Work ............................................
.................... 31
Article 25- Overtime .......................................................
.................. 33
Article 26- Job Posting .......................................................
............. 39
Article 27- Absenteeism .......................................................
............ 40
Article 28- Production Standards .................................
................... 41
Article 29 - Hea~h & Safety ............................................
................... 42
Article 30 - Cost of Living .......................................................
.......... 42
Article 31 -Personal Days Off •.......•........................•..........•
.••.••...••.. 43
Article 32- Vacation with Pay ............................................
............... 45
Article 33- Paid Holidays .......................................................
.......... 47
Article 34 - Bereavement Leave ............................................
............ 50
Article 35- Jury Duty ..••..•.•..•.•....•........•.......................•...
..•.............. 50
Article 36- Paid Education Leave .................................
................... 51
Article 37 - Tool Allowance ............................................
................... 52
Article 38- Severance Pay ............................................
...... ,............ 52
Article 39- Group Insurance ............................................
................. 54
Article 40- Pension Plan .......................................................
........... 58
Article 41 -New Technology ............................................
................. 60
Article 42- Workers' Representation & Plant Fund ....••.....
•.........•.... 61
Article 43- Job Security ....•....•..........•...........•.....................•
•........... 61
Article 44 - Legal Services Plan ..•........•....•........................•..
...••......• 62
Article 45 - Duration of Agreement .................................
.................. 62
Classifications and Wage Rates .....................................
63
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LETTERS INDEX
ALPHA BETICA L INDEX
PAGE
Common Law Relationships ................................................................... 87
Courier & General Help ........................................................................... 74
Discipline Procedures .................... :........................................................ 89
Educaf1on Reimbursement ..................................................................... 75
Excessive Heat ....................................................................................... 77
Health Benefit Programs ......................................................................... 91
Increase In Throughput ........................................................................... 97
Job Security ........................................•.•...............................•..•..••.•......•• 76
Job Selection Process ............................................................................ 81
Job Selection Process~ Lift Truck Driver and Die Set-Up & Repair ....... 83
Layoff & Recall ....•...................•............•.•..•..•........................•..•..••.•.•..•.•. 73
Lift Truck Drivers ...•....•..••.. ............•........ ......... ..•................•..........•...•...•. 99
Lift Truck Drivers - Vacancies ................................................................. 68
Modified Work ................•..•...........•..••..•.•............•............•..•.••.•..••.....•..•• 88
New Facifrty ............................................................................................ 82
New Work ...........................•.•..•.....•............•........••..•.•..•.••......•..•....••...... 93
New HVP Facility .................................................................................... 78
Pension Funding ..................................................................................... 84
Plant to Plant Transfers ........................................................................... 66
Preventative Maintenance Posting ......................................................... 67
Production Rates .................................................................................... 70
Quick Changeover .................................................................................. 96
Quitting Early ......................................... ...... ...... ......•.•..•.•..•..............•..... 92
Retum from Disability ............................................................................. 8()
Social Justice Fund ................................................................................ 85
Spray Painter- Breaks ............................................................................ 71
Steady Shifts ......•.•......•.......•....••...•••..•...•........................•...•••••.•.•..•......•. 90
Steady Shifts (Replaces ltr 105 of the Contract) •...•.•....•......•.•............•.. 98
Substance Abuse Committee ................................................................. 94
Temporary Time Studies ......................................................................... 79
Training Programs - Die Repair and Set-Up and Welder Prototype ....... 72
UtiiRy Welder ........................................................................................... 69
Work Cell Implementation ....................................................................... 86
Weekend Overtime .•..•.••.•.........•.•..•.•...........•••....•...............•..•.••..•..•..••..• 95
SUBJE CT
CLAUSE
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Back-Up Classification .................................. 8.01
Bereavement Leave ..................................... 34.01
Bulletin Boards ••....••.•......••..........•......•.•.••..... 7.01
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Call-In .......................................................... 24.13
Classifications and Wages Rages (HVP)
Classifications and Wage Rates (Plant 1)
Classifications and Wage Rates (Plant 2)
C.O.L.A•••••.....•..••••.......•••....••••••......•••....•....• 30.01
D
Discipline ..................................................... 17.01
Discipline Letters of File ............................... 17.09
Discrimination ................................................ 5.01
Duration of Agreement ................................. 45.01
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Employee Assistance ................................... 39.02
Employee Transfer ........................................ 9.01
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Gender •••••...•••.•.••...••...•••••.....•••.••••••••...•••..••••• 6.01
General Council Delegates ••........•••••••.•....... 15.09
Grievance Commissioner ............................. 18.18
Grievance Procedure ................................... 18.01
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Absence Reporting ...................................... 27.02
Accidental Death & Dismemberment ........... 39.01
Agenda Meetings ...........•••.............••............ 19.01
Apron Allowance .......................................... 29.03
Arbitration ...................., ............................... 18.08
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CLAUSE
SUBJECT
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CLAUSE
SUBJECT
Hours of Work .............................................. 24.01
Personal Days Off ........................................ 31.01
Plant G011mittee. ··········•·•·········•···•············•·· 15.01
Probationary Penod ..................................... 20.01
purpose ...•...........•......•....•...•................•.•.••...• 1.01
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Job Pos1ings ........................................•••••••• 26.01
Job Security .•••••........•.................................. 43.01
Jury Duty .•................•••••....••.••.••••..•.•.•.••...•... 35.01
~~~:~: ::::::::::::::::::::::::::::::::::::::::::::::::::·~!:~;
Health/Welfare Insurance ............................. 39.01
Holidays ...••...•...•.......................................... 33.01
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Life Insurance .............................................. 39.01
Loss of Seniority .......................................... 21.01
Lunch Period ................................................ 24.04
Salely Committee ........................................ 16.02
Safety Committee Time ............................... 16.05
Salely Shoe Allowance ................................ 29.02
Senionly •.•......•........•...............•••.•.•••••.......... 20.01
Severance Pay ............................................. 38.01
ShiH Premium ..................•••......................... 24.09
Strikes & Lockouts ......................................... 4.01
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Major Disability ............................................ 12.01
Management Rights ....................................... 3.01
Tool Allowance ............................................. 37.01
Transitional Benefits ..................................... 40.02
layoff & Recall .............................•...•.••.•.••••• 22.01
Leave of Absence ........................................ 23.01
Legal Services Plan ..................................... 44.01
Moving Expenses .......................................... 2.05
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New Classifications ..................................... 10.01
New Employees - Wage Rates .............................
New Technology .......................................... 41.01
Union Representation on overtime .............. 25.07
Union Securily & Checkoff ....•.......•.....•.••..... 14.01
Union T1me ......... ........ ... ......... ..... .. ..... .. ... ..... 15 .04
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Vacation ..••.....••.••••.•....•.••.•..••.•••..•••••••...•....•. 32.01
Overtime ...................................................... 25.01
Overtime Selection ...................................... 25.10
Overtime Notice ........................................... 25.12
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· Pay Day ........................................................ 13.01
Paid Education Leave .................................. 36.01
Pension Funds ............................................. 40.01
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Wash-Up Period ..........................................
Weekly lndemnily .........................................
Wori< by Non-Bargaining Untt Employees ...
Workers' Representation & Plant Fund ........
Wori<ing Days ...............................................
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24.08
39.01
11.01
42.01
18.09
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ARTICLE 1 - PURPOSE
1.01
The general purpose of this agreement is to establish and
maintain; collective bargaining relations between the
Compan y and its employe es, satisfact ory working
conditio ns, hours of work, wages, conditio ns of
employm ent and provide machinery for the prompt and
equitable dispositio n of grievances.
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ARTICLE 2 - RECOGNITION
2:01
The Company recognizes the Union as the exclusive
bargaining agent, for collective bargaining purposes, for
all employees of TKA Fabco Corp. at Windsor, save and
except foreman, persons above the rank of foreman,
office and sales staff.
2:02
In the event the Company ceases operatio n of its
Windsor facilities, employees will receive notice as
follows providing however they do not take the option of
employm ent as outlined in Article 2:04.
{1) Fifteen (15) weeks' notice or pay in lieu of.
(2) Or the greater listed under the Employm ent
Standards Act.
2:03
The Company agrees that in the event the Company, on
its existing premises, changes the name of the Company,
the recogniti on and terms of the agreeme nt will be
maintained.
2:04
If the Company ceases operations in Windsor and begins
a metal stamping , fabrication etc. operation outside of
Windsor, the Company will recognize the C.A.W. as the
bargainin g agent for all employee s, at the facility, as
describe d in Article 2:01 of this agreeme nt. All
employees covered under the Collective Agreeme nt in
Windsor may transfer to the new facility or will be hired at
the first opening at any other TKA Fabco Corp. owned
operation and be subject to such training as may be
required to work at the other facility and retain their
seniority accumula ted to date of closure.
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2:05
If the Company does cease its Windsor Operation, the
Company agrees to pick up the moving expenses acquired
by any employee if he decides to move to the new
location. Such moving expenses shall not exceed
$1500.00. This article shall be effective on date of
ratification.
3:06(a)
ARTICLE 3- MANAGEMENT RIGHTS
3:01
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3:02
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3:03
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The Union further recognizes the right of the Cof11pany to
make and alter from time to time the rules 8.nd
regulations to be observed by the employees. These rules
and regulations shall not be inconsistent with provisions
of the Agreement.
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3:05
All changes in the posted rules and regulations dated
July 1, 2000 must be discussed with the plant committee
before they are adopted. If there is a dispute of any kind
concerning the administration of these rules and
regulations, the Union may grieve such under the terms
of this Collective Agreement.
The Company agrees that it will not exercise its
management rights for the purpose of restricting or
limiting the rights of its employees herein granted and shall
not be inconsistent with the provisions of this agreement.
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In th~ event of a layoff in the tool room, if the weld tip
cleanrng operation is being performed outside, it will
be brought back in and done in house.
In the event of equipment breakdown or refurbishment
when pe?ple are on lay off, it may be required to
temporanly send out production work. The Union will
be given at least two (2) weeks notice in the event of
the need for equipment refurbishment and as much
advance notice as possible in the event of breakdown.
A su?~equent notice will be posted in the plant
expla1mng the situation. This work will be returned to
the plant as soon as the equipment is repaired or
refurbished.
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ARTICLE 4- NO STRIKES OR LOCKOUTS
3:04
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This clause does not apply to a layoff lasting less than
one month.
3:06(b)
4:01
The Company agrees it will not cause or sanction a
lockout and the Union agrees it will not counsel or
authorize any strike during the lifetime of this agreement.
Furt~er, th_e Company and the Union agree to abide by
the Ontano Labour Relations Act" with respect to strikes
and lockouts.
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This clause will not apply to production that cannot be
produced in our plants because of capacity constraints
or in the case where the return of work would not
effect the lay off. All presses capable of making parts
would be used where possible.
The Union recognizes the right of the Company to hire
and promote consistent with the provisions of this
Collective Agreement. The Union further recognizes the
right of the Company to demote, transfer, suspend or
otherwise discipline or discharge any employee for just
cause, subject to the right of the employee concerned to
lodge a grievance in the manner and to the extent herein
provided.
The Union further recognizes the right of the Company to
operate and manage its business in all respects in
accordance with its commitments and responsibilities. In
addition the location of plants, (subject to Article 2:00),
the products to be manufactured, the schedules of
production, the methods, processes and means of
manufacturing are solely and exclusively the
responsibility of the Company. The Company will keep
the Union informed in advance when possible.
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In the event there is a reduction in the seniority
holding workforce, the Company agrees to return any
outsourced production work (including paint line work)
to the Windsor plant (Division Road & HVP) that
prevrously ran in the Windsor plant (Division Road &
HVP) and which would employ people.
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ARTICL E 5- NO OISCRIM INATION I HARAS SMENT
5.01(a)
(b)
5.02
The Company and the Union agree to provide a work
environm ent in which there will be no discrimin ation,
harassm ent, interfere nce, restricti on, or coercio n
exercised or practice d with respect to any employe es
in the matter of hiring, wage rates, training, upgradin g,
promotion, transfer, layoff, recall, discipline, discharge,
or otherwise by reason of age, race, creed, colour,
national origin, political or religious affiliation, sex or
marital status, place of residence, nor by reason of
member ship in a labour union. Requirem ents of any
job must be job related.
ARTICL E 7 - BULLET IN BOARD S
7:01
Plant #1
Plant #2
7:02
The Compan y and Union agree to abide by the terms
of Ontario Human Rights Code.
The Company will recognize a harassment committ ee
consisti ng of two (2) compan y represe ntatives and
two (2) worker representatives.
The worker representatives on the Commit tee shall be,
selected by the National Union from among a slate of
candida tes propose d by the Union committ ee, and shall
not be a member of the Union committ ee.
5.04
The Compan y representative will not be in a position to
initiate disciplin ary action to an hourly employe e.
ARTICL E 6 - GENDE R
6:01
Whenever in this agreement, the masculine gender is used,
it will also include the feminine.
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6 Bulletin Boards
2 steel, lockable, glass enclosed cabinets.
4 Bulletin Boards
2 steel, lockable, glass enclosed cabinets.
It is agreed that the use by the Union of such bulletin
boards shall be restricted to the posting thereon only of
such notices as shall have received prior approva l of the
personnel director or his nominee. Such approva l shall
not be unreasonably withheld and such notices shall be
restricted to those of the following type:
Notice of Union recreational, educatio nal and social
affairs;
Notice of Union meeting;
The Union shall appoint and the Compan y will recogniz e
one representative from each plant who will be available
to deal with harassm ent concern s. This person will not
have designa ted time off their regular job but will be
allowed to leave his job only with the permiss ion of his
supervisor. Such time shall not be unreaso nably withheld .
5:03
The Compan y shall provide for the use of the Union,
bulletin boards in the plant which are to be located by the
Compan y as follows:
Notice of Union elections, appointm ents and results
of elections.
ARTICL E 8- TEMPO RARY TRANSF ERS
(Includin g Back-U p Classific ations)
8:01
Any employe e who, for the convenie nce of the Compan y
performs his back-up classification for which the rate of
pay is different from that in effect for such employe e's
regular job shall be paid for all hours worked on that shift
as follows:
(A) If the rate of pay for the job to which he is transferred
is less than the employe e's regular pay, he shall
receive his own higher rate of pay.
(B) If the rate of pay for the job to which he is transferred
is higher than the employee's regular pay, he shall
receive the higher rate of pay for the job to which he
is tempora rily transferred.
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8:02
Any employee who, for the convenience of the Company
is temporarily transferred to another production job, for
which the rate of pay is different from that in effect for
such employee's regular job shall be paid for all hours
worked on that shift as follows:
(A)
8:04
If the rate of pay for the job to which he is transferred
is Jess than the employee's regular pay, he shall
receive his own higher rate of pay.
is higher than the employee's regular pay, he shall
receive the higher rate of pay for the job to which he
is temporarily transferred.
The classifications ·generally affected by temporary
back-up transfer {non-production-indirect labour
classifications) shall have employees on each shift
The Company agrees not to use any backup or
temporary transfer employee while there are employees
laid off within the classification on that shift, in that plant.
8:07
An employee from one of the following areas:
Die Repair & Set-Up
Maintenance
Prototype
Lift Truck Mechanic
When all employees in a classification are at work and a
back-up person is used more than 30% of the time over a
three (3) month period on any one shift the position will
be posted.
8:08
Employees of any classification specially trained on high
tech equipment (This currently refers to, but is not liffiited
to, employees trained to operate equipment for crbss
member jobs, presses with in line transfers, and any
robotics} may apply for any back-up classification but may
only exercise his back-up classification when laid off from
his regular classification, providing he does not bump into
one of the classifications listed above.
If an employee is off work and there are no other
employees on that shift with the same classification, the
senior back-up on that shift will be used. If there is more
than one person at work on that shift holding the same
classification then the back-ups will be used according
to manpower requirements.
8:09
Any employee who presently holds the classification of
the lift truck driver, shipper, receiver, or inspector prior to
January 1, 1995 may continue to perform work in their
back up classifications, and will not be subject to the
provisions of clause 8:03 of the collective agreement.
An employee from one of the following areas:
Lift Truck Driver
Shipping
Receiving
Inspection
Die Set Up and Repair
may apply for any back-up classification but may only
exercise his back~up classification that is associated with
his own classification or when laid off from his regular
classification.
However, employees who were in the classification of lift
truck driver, shipper, receiver or inspector after the date
of January 01, 1995, and those employees who were in
the above listed classifications but were not also holding
a back up classification as of January 01, 1995, will be
subject to the f-ull provision of Article 8:03 of the
collective agreement.
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In the event a person works in a temporary back-up or a
temporary transfer classification prior to a holiday or holi
days, such employee will receive the higher rate of pay
for such holiday. For the Christmas shutdown period, a
person who works in a back-up position preceding the
shutdown will qualify for the higher rate of pay for the
entire shutdown period.
8:06
available to replace any regular classified employee .not
available for work on any given shift.
These relief employees shall be selected under the terms
of Article 26.
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8:05
(B) If the rate of pay for the job to which he is transferred
8:03
When it is known to the Company that an employee will
miss work, because of illness or accident, vacation or leave
of absence for a period exceeding one (1 )week and as a
result a vacancy exists in his classification, the Company
will offer the senior back-up person regardless of his shift
into the vacancy starting the first full work week, prOvided
there is no one laid off from that classification on any shift.
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ARTICLE 9 - EMPLOYEE TRANSFER
9:01
An employee who because of advancing age or for health
reasons has difficulty performing his regular work and who
wishes to be transferred to other work may make
application to the Human Resources department. His
application for transfer will be given consideration as soon
as possible by the Company as to whether or not they
make alternate work available for the applicant which he
is able to perform. Where the applicant provides a letter
from the doctor outlining medical reasons for a change of
duties and if the Company in its sole discretion desires to
grant such application for transfer he will be transferred
as quickly as possible to such work as may be available
which he is capable of performing.
9:02
The Union will be advised of any employee transfer and if
any dispute arises out of such transfer, the Company will
meet with the Plant Committee within two (2) working days
of such dispute.
ARTICLE 10- NEW CLASSIFICATIONS
10:01 Within thirty (30) days following the establishment of a
classification not shown in the Agreement, the Company
will discuss with the Union the occupational summary of
the job and the classification to which it has been
assigned.
10:02 The Union shall lodge the appeal in writing to the
Personnel Director.
10:03 The appeal shall outline the reason or reasons for
disputing the description and the classification and wages
and these shall be the only subject of the appeal.
10:04 Failing a satisfactory disposition of the appeal, either party
may refer the matter to arbitration, as provided in the
agreement.
10:05 The arbitrator shall have the right to establish the
classification and wage rate in dispute notwithstandin g
the provisions of Article 18:10.
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ARTICLE 11 -WORK BY NON-BARGAINING UNIT EMPLOYEES
11:01 Salaried personnel shall not perform work which is
performed by members of the bargaining unit except when
checking quality, instructing or performing experimental
work.
Experimental work will only be performed on new or
revised tools or equipment and a qualified employee will
be present at all times.
In those rare situations where it is necessary for a
Supervisor to perform work normally performed by a
member of the bargaining unit, including experimental
work, the Supervisor shall have an hourly employee of an
appropriate classification standing by. This employee must
not be performing other work near by or acting as a
runner or helper while the Supervisor does the work. He
must be standing beside the Supervisor at all times while
the Supervisor is working.
11 :02 When outside tooling suppliers are required to use Fabco
production equipment to develop tooling in our facility, a
bargaining unit employee shall be in the plant to assist
with the work as required.
ARTICLE 12 - MAJOR DISABILITY
12:01 In the ~vent of an employee suffering a major disability,
except1on may be made to the seniority provisions of this
agreement in favor of such employee, but in the event of
a layoff or recall after a layoff, he shall be subject to the
seniority provisions of this agreement which would have
applied had he not been disabled. Following recall after
a layoff, exception may again be made to the seniority
provisions of this agreement in favor of such employee.
ARTICLE 13- PAY DAY
13:01 Employees shall be paid weekly by cheque during
working hours or by direct deposit, whichever is the choice
of the employee. Wages of employees choosing direct
deposit will be deposited into employee bank accounts
no later than 10:00 a.m. every Thursday.
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13:02 The number two (2) shift, (day shift) shall be paid or
receive their pay stubs on Thursday.
13:03 The number one (1) shift, (midnight shift) and number three
(3) shift, (afternoon shift) shall be paid or receive their pay
stubs on Thursday night.
13:04 Payroll cheques or stubs will include total earnings and
deductions year to date (January to December) and, for
the purposes of calculating vacation pay, total hours
worked and earnings from July 1 to June 30.
13:05 Pay cheques or stubs will be issued in sealed envelopes.
Pay cheques or stubs for employees on the dayshift will
be issued before 10:30 a.m. on payday.
13:06 When an adjustment is required on an employee's pay
money owing will be paid as follows:
Day shift - Paid the same day if notified by 11:00 a.m.,
otherwise no later than the following day.
Afternoon shift - following day.
Midnight shift the same day.
Special consideratio n will be given to people scheduled
to leave for vacation.
13:07 When the plant is scheduled to be closed on a Friday,
payday will be on Wednesday. If individual employees
are scheduled to be off work on a Friday, they 1 may
request to receive their pay cheque on Wednesday and
every effort will be made to accommoda te their request.
ARTICLE 14- UNION SECURITY AND CHECK-OF F
14:01 The Employer and the Union agree that all employees
covered by this agreement shall be members in good
standing of local 195 C.A.W., and will be required to
continue to be members of the Union as a condition of
employmen t with the Company.
14:02 The Employer agrees that all new employees shall
become members of the Union within thirty (30) calendar
days from the start of employmen t and remain members
during the life of this Agreement, as a condition of their
employmen t with the Company.
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14:03 The Employer agr6es when authorized in writing by the
Union to deduct once monthly from the wages of all
employees within the bargaining unit, the equivalent of
one months dues, initiation fees and other assessments
authorized by the constitution and by~laws of the Union.
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By the tenth (1Oth) of the following month, the employer
will remit by cheque to the Financial Secretary of Local
195 C.A.W. the total of the deductions made together
with a list of those from whom deductions are made.
The Union agrees to indemnify and hold harmless the
Employer against any and all liability which may arise by
reason of the check~off by the employer of such
deductions from employees' wages in accordance with
this agreement.
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14:04 The Company agrees to include the Union dues paid by
the employee on his T4 slips annually, which will be
distributed the first Thursday of February.
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ARTICLE 15- UNION REPRESENTATION
15:01 The Union shall elect or appoint and the Company shall
recognize five (5) members as the Plant Committee,
one (1) member of which shall be the chairperson of the
committee.
The Plant Committee shall be composed of:
(a) The Plant Chairperson
(b) Plant Number One (1 committee person)
(c) Plant Number Two ( 1 committee person)
(d) Recording Secretary
(e) Benefit Representative
It is agreed that the Plant Committee shall be assigned to
the day shift and will act as committee person in their
respective plants. The Company shall recognize the Plant
Committee as the Negotiating Committee, for the
purpose of renewal of this Collective Agreement, with or
without modification or the making of a new agreement.
15:02 The Company shall recognize an elected or appointed
steward on each shift or shifts, other than the day shift, in
their respective plants, providing it has one (1) or more
employees working.
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The Company shall recognize an alternate steward, who
will act as Union representative only in the absence from
work of the appointed or elected committee person or
steward.
The appointed or elected steward and alternate stewards
shall rotate with their shift on the normal shift rotation,
stewards and alternate stewards must be able and willing
to perform the work available on the shift or shifts in their
respective plants.
15:03 During their terms of office, the Plant Committee shall
exercise top seniority in their respective classification and
in the Company.
During their terms of office, stewards shall exercise top
seniority in their respective plants.
15:04 The plant chairperson, committee person, stewards and
alternate stewards with the approval of the foreman of
the department where they are employed (which approval
shall not be unreasonably withheld) shall be permitted,
during their working hours, without loss of time or pay, to
leave their regular duties for a reasonable length of time
to investigate and settle grievances in their respective
areas, subject to a maximum absence from their regular
duties as follows:
Plant Chairperson - Eight (8) hours per day.
Committee Person - Plant 1 Eight (8) hours per day.
Hours of work to be 7:00a.m. to 3:30 p.m.
Committee Person - Plant 2 Eight (8) hours per day.
Benefit Representative - Eight (8) hours a day.
Recording Secretary - Fifteen (15) hours per week
Stewards - Two (2) hours a day.
Foreman shall have a general knowledge of the complaint,
grievance or grievances involved before approval for time
shall be given to any acting committe e person or
steward. This shall not apply when an employee requests
a committee person or steward.
When an employee requests the presence of his union
committee person or steward, such representation shall
be provided promptly, but in the event of unusual
circumstances, such time shall not exceed a period of
thirty (30) minutes from the time of the initial request.
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Total time spent by an employee for the purpose of
fact-finding and/or the writing of a grievance shall not
exceed 30 minutes.
15:05 The Plant Chairperson and the Benefit Representative to
facilitate better Union representation shall work a shift
beginning at 8:00a.m. and ending at 4:30p.m. which will
include a half (1/2) hour unpaid lunch. These hours may
be revised with prior mutual agreement of both parties.
15:06 With prior consent of the Company, the Plant Committee
shall be allowed up to four (4) hours per week to leave the
plant to conduct Union business, such hours may be
revised with prior agreemen t of both parties.
Plant Committe e persons shall be allowed to leave
Company premises only to deal with matters that they
are directly involved with, such matters will be known to
the Plant Superintendents before committee persons are
allowed to leave.
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In the absence from work, unrelated to Union business,
of the Plant Chairperson, a committee person or steward
shall act as Plant Chairperson.
15:07 Time spent by committee persons and stewards at
meetings called by the Company, shall not be charged
against the time allowed for investigation and settling
grievances.
15:08 The Company and Union agree to maintain lists of
current representatives of each of the parties, stating their
status and effective dates.
15;09 An employee elected to the Executive Board of local195
shall be allowed to work steady days during his term of
office.
General Council Delegates working on the afternoon shift
will be allowed four (4) hours off with pay only when proof
of attendance is provided.
Alternate General Council Delegates working on the
afternoon shift will be allowed tour (4) hours off with pay
to attend General Council meetings in the absence of a
regular General Council delegate when proof of
attendance is provided.
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The Company will be supplied with a list of General Council
delegates and alternates to be updated as required. Only
persons whose names appear on this list will be eligible
for payment under this section.
Safety Committee shall make recommendations on ways
to improve these standards.
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The Joint Health and Safety Committee shall be known
throughout the following articles as "the Committee".
The Company shall be notified when possible, three (3)
days prior to the General Council meeting.
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safety.
15:11 During negotiations to amend this Collective Agreement,
the Company will pay each of the five (5) members of the
Negotiating Committee at straight time hourly rates, for
the time spent in negotiations with the Company up to
the date upon whic~ a work stoppage occurs.
The employee representatives shall be from each plant,
and they shall work on a steady day shift.
The Union shall appoint and the Company will recognize
one representative from each plant who will be available
to deal with Health and Safety concerns on each of the
afternoon and midnight shifts. This person will not have
designated time off their regular job but will be allowed to
leave his job only with the permission of his supervisor.
Such time shall not be unreasonably withheld. The
Company will be provided with a list of employees who
are to act as the safety representatives.
15:12 The Company will allow each member of the Negotiating
Committee up to three (3) weeks without loss of pay, if
required, to prepare for negotiating with the Company.
15:13 The Company agrees that once each quarter the Union
Committee shall be allowed to hold a meeting with all
stewards and alternates. This meeting shall be held on
company premises and shall not last beyond two ~ours.
Employees are required to notify their supervisor of safety
concerns and to give him an opportunity to solve the
problem before safety representatives are called.
Those attending shall be paid straight time wages for'the
time spent in this meeting.
16:03 The worker representatives on the Committee shall be
selected by the National Union from among a slate of
candidates proposed by the Union committee, and shall
not be a member of the Union committee.
Time spent by dayshift employees who are attending this
meeting shall be considered as part of the Union time
allowance under Article 15 Union Representation.
16:04 The Company shall provide the employee representatives
with such training as the legislation deems necessary to
help them carry out their duties in an informed manner.
ARTICLE 16 -SAFETY COMMITTEE
16:01 The Company shall institute and maintain all precautions
to guarantee every worker a safe and healthy workplace.
The Company shall comply in a timely manner with the
Occupational Health and Safety Act, its regulations, codes
of practice, and guidelines as printed May, 1995. All
standards established under these laws shall constitute
minimum acceptable practice. The Joint Health and [
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The Company agrees to provide Certified Safety Member
training to the two worker members of the Committee.
These members shall be trained in the Windsor area by a
certified training agency chosen by the Union.
The Company agrees to pay all wages and training costs.
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16:02 The Company will recognize a safety committee
consisting of two (2) company representatives and two
(2) worker representatives. One representative for the
Company and one representative for workers will be
designated as Co-Chairpersons of the Committee. Each
worker representative will alternate as Co-Chairperson
every six months. Worker representatives will have five
(5) or more years of seniority and a sincere interest in
15:10 When a committee person or steward is called by the
Company to attend a meeting and such meeting
commences prior to the start of his regular shift, he shall
be paid one and one-half (1-1/2) times his hourly rate for
all time spent at such meetings prior to the starting time
or after the quitting time of his regular shift.
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16:05 The Co-Chairperson, with the approval of their
supervisor (which approval shall not be unreasonably
withheld), shall be pennittecl during their regular working
hours to leave their regular duties for a period not to
exceed four (4) hours per day for the purpose ot
investigating matters that are safety related.
The other worker representative will, with the approval of
their supervisor (which approval shall not be
unreasonably withheld), be permitted during their regular
working hours to leave their regular duties for a period
not to exceed four (4) hours per day for the purpose of
investigating matters that are safety related.
16:09 The Company and the Union recognize the value of a
sound preventative maintenance program and the need
to maintain the high standards established for machinery
and equipment. The Company and all employees will be
responsible for preventative maintenance activities as
required to ensure that equipment is operating in a safe
and efficient manner.
16:06 The employee representatives will be allowed to leave their
16:10 In regards to new, rebuilt, or relocated equipment, the
Company assures the Union that priority will be given to
safety measures. Where practical, management
representatives will review with the Joint Health & Safety
Committee major process, equipment, and layout
changes.
regular duties, as required, without loss of pay, for the
purpose of the following:
16:11 With respect to the assignment of employees working
(i)
(ii)
(iii)
(iv)
(v)
a safety tour with the company representative in their
respective plants each week.
to accompany the Department of Labour
representative when an inspection visit is made.
to attend a monthly meeting of the safety committee
to review accidents and such other matters which
fall under the general heading of safety. Minutes of
these meetings will be taken and distributed to. both
parties.
the Plant Chairperson and the Benefit
Representative will be invited to attend these monthly
meetings.
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to accompany the Department of Lab9ur
representative when an accident investigation is
required under the law.
Time taken for these purposes will not be deducted from
the time allowance in section 16:05.
16:07 The Company agrees to consider using the worker
members of the Committee when health and safety
training courses are to be given to employees.
16:08 The two worker members of the Committee shall be
allowed to attend once yearly the three day Health and
Safety update seminars at Port Elgin. The CompanY will
pay lost time for regular hours, but not for hours lost on
an overtime shift. The Company will also pay course costs
and other related expenses for attending this course
(maximum $400.00 per year) for each worker member,
subject to presentation of receipts for costs claimed.
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alone, the Company will take appropriate precautions to
ensure the health and safety of the worker.
16:12 The Company is committed to work with the Joint Health
and Safety Committee to improve the ergonomics of jobs
within the workplace where feasible.
ARTICLE 17 - DISCIPLINE
17:01 When any employee is called to the office for an interview
for work record counseling or for disciplinary action, no
disciplinary action will be taken until a Union
representative is present.
17:02 Any employee subject to discipline while off Company
premises will be required to report to the plant, for a
disciplinary interview with the Company. Such interview
will be within two (2) working days after the cause for
discipline is known to the Company.
17:03 All d_isciplinary action shall be taken within two (2)
work1ng days after the cause of the discipline is known to
the Company.
17:04 Any suspension or diScharge is not to be grieved until the
procedures are followed as outlined under section 17:05,
17:06.
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17:05 All suspensions except those described in 17:06 will be
deferred one (1) working day. The employee will be
allowed Union time to complete a fact sheet regarding
the problem. Such time taken for this purpose will be
deducted from the time allowance provided in 17:07. A
meeting will be arranged between the parties including
the Plant Chairperson and the Personnel Director on the
following working day shift following the date of
discipline. It will be determined following this meeting if
the suspension will be imposed, modified or withdrawn.
The Union will be notified of the result of this meeting in
writing within five (5) days. Failure to meet these time lines
will result in the suspension being withdrawn unless an
extension has been mutually agreed upon. If a
suspension is imposed as a result of this meeting and the
Employee wishes to continue to the third stage, the
suspension will not be imposed until a third stage
meeting is held.
17:06 Where the offence is considered by the Company to
warrant immediate discipline, the employee concerned
will be required to immediately leave the Company
premises, provided the provisions of 17:01 have been
fulfilled. The employee will be allowed Union time to
complete a fact sheet regarding the incident. Such time
taken for this purpose will be deducted from the time
allowance provided in 17:07, but the employee will not be
permitted back in the plant.
17:07 When sections 17:05 and 17:06 procedures have
determined that discipline by the Company is warranted,
the employee will be granted a reasonable period of'time
to discuss the matter with his Union representative and
grieve the disciplinary actions if he so chooses. The time
limit allowed for this meeting shall not exceed two (2)
hours.
17:08 In the event that the employee is disciplined, the
Company shall notify the Union in writing immediately after
any disciplinary action has been imposed stating in such
notice the reason or reasons of such disciplinary action
and the type of discipline imposed, provided however that
such notice shall not limit the Company to only those
reasons specified.
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17:09 When a verbal warning has been issued against an
employee, such verbal warning shall remain against the
record of an employee for a period of six (6) working
months. When a written warning has been issued against
an employee, such written warning shall remain against
the record of an employee for a period of eight (8)
working months. When an employee has been
suspended, such suspension shall remain against the
record of an employee for a period of twelve (12) working
months.
At the expiration of the time periods stated above, the
discussion and disciplinary records of the employee will
be permanently removed.
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The Plant Chairperson and the Human Resources
Manager will ensure that these records are physically
removed from all the employee's files and cannot be used
against the employee for further disciplinary action.
17:10 Any Union representative and employee attending a
meeting as set out in section 17:05 and 17:06 will be paid
a maximum of two (2) hours at the rate of time and one
half his regular hourly rate. This applies only to the
representative initially involved in the disciplinary action
on the first or third shifts.
17:11 When an employee is suspended for any length of time,
Saturdays will be counted as one day of the suspension if
the Saturday is fully scheduled or if the employee was
scheduled to work.
ARTICLE 18- GRIEVANCE PROCEDURE
18:01 All grievances arising between employees and the
Company shall be dealt with as speedily and effectively
as possible by co-operative effort on the part of both the
Union and Management in accordance with the following
procedure.
18:02 "Grievance,. as used in this agreement shall mean any
misunderstanding, or dispute between the Company and
the Union or one or more of the employees represented
by the Union arising out of this agreement.
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18:03 When there is a group of employees (group grievance)
that have a grievance, the grievors shall select one of the
grievers to represent them at any or all stages of the
grievance procedure.
Management's decision on appeals taken up at this
meeting shall be in writing and, if not rendered during the
meeting shall be rendered to the Plant Chairperson within
two (2) working days after the holding of the meeting.
18:04 When a discharge or suspension is grieved as provided
for in section 17:07; this grievance shall be submitted in
writing at step three {3), through the Plant Chairperson to
the Personnel Director within two (2) working days of the
discharge or suspension.
18:08 A dispute concerning the interpretations, application,
administration or alleged violation of this agreement
including any question whether a matter is arbitrable or
cOncerning any other violation of this agreement (after
exhaustion of the grievance procedure provided herein)
may be referred to an arbitrator, provided written notice:
of the party's intention to refer the dispute to an arbitrator
is given to the other party within ten (1 O) working days
after management's decision is received. The party
giving notice shall also notify the designated arbitrator
within such time both parties agree that the following
arbitrators shall be used to arbitrate grievances.
18:05 Step One (1)
Any employee or group of employees having a grievance
will first request the presence of his committee person or
steward by his area manager and on his arrival they will
meet and take the matter up with his or their area
manager. The area manager will reply in writing to the
grievance within one (1) working day from the time of such
meetings, if the verbal answer to the griever is not
satisfactory.
A Plant Superintendent or Lead Area Manager and/or the
Plant Chairperson may attend this meeting.
18:06 Step Two (2)
If not settled at step one (1), the grievance shall be
presented in writing through the Plant Chairperson to a
Plant Superintendent or Lead Area Manager within
two (2) working days of the completion of, step
one (1} who with plant supervision, within three, (3)
working days, will discuss the matter with the employee
or group involved and the committee person or steward
involved. The Plant Superintendent or Lead Area
Manager shall reply in writing within two (2) working days
of such meeting.
18:07 Step Three (3)
If the grievance is not settled in step two (2), it shall be
appealed within three (3) working days, and a meeting
will be arranged. This meeting may be attended by the
Plant Chairperson, the plant committee, the committee
person or steward involved in the grievance, a
representative of the National Union, a representative of
the Local 195 executive board and the management
committee. This meeting shall be held within five (5)
working days of the response in step two (2}.
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1. Ms. Gail Brent
2. Mr. M.A. Gorsky
3. Dean AM. Kruger
4. Mr. M. Watters
5. Mr. Tim Armstrong
Arbitrators shall be designated in numerical order. When
an arbitrator is not available within sixty (60) calendar days
or any other time limit mutually agreed to by the parties,
he will be bypassed in favour of the next arbitrator in
numerical order. The time limit of ten (1 0) working days
referred to above shall also commence to run from the
date on which it is ascertained that the previously
designated arbitrator not available.
18:09 The terms "Working Days" when used in this agreement
shall exclude Saturday, Sunday and holidays as defined
herein.
18:10 The decision of the arbitrator shall be final and binding
upon the Company and Union and upon every employee
within the bargaining unit affected by the decision. The
arbitrator shall not alter, add to, subtract from, modify or
amend any part of this agreement. The expense, if any, of
the arbitrator shall be divided equally between the
Company and the Union and shall be paid by them.
18:11 An arbitrator shall be empowered in deciding a grievance
on disciplinary action to uphold, reverse, amend or modify
any penalty or proposed penalty in his award or as part of
his award.
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18:12 Provided the arbitrator will agree to a substitution, the
arbitration of a grievance concerning a discharge will be
given priority.
18:13 The parties shall have the right, by mutual written
agreement, to change any time limit set forth in the above
procedure.
18:14 If the Company or Union fails to meet the time limits set
out in this article, the grievance shall be deemed ruled in
favour of the other party.
18:15 The Company may, at its discretion, decline to consider
any grievance which is lodged more than two (2) working
days after the cause of the grievance should be known to
the employee.
18:16 The Union may, at its discretion, decline to consider any
disciplinary action taken more than two (2) working days
after the cause of the discipline should be known to the
Company.
18:17 The Article will only apply to those employees who have
completed their probationary period as defined in section
20:01.
18:18 Grievance Commissioner
As an alternative to the regular arbitration procedure the
parties shall have the option of mutually agreein~ to refer
a post third step grievance to a grievance commissioner
in the following procedure:
(a) The employer and Union may agree in writing to the
appointment of Michael Watters as a single
arbitrator to be known as a grievance commissioner
(where more than one, acting in rotation) will set aside
such time as may be requested by the employer and
the Union to consider and determine grievance
referred to him hereunder for final and binding
arbitration. The grievance commissioner shall have
the same powers and be subject to the same
limitations as an arbitrator under Article 18 Grievance Procedure.
(b) Through the grievance commissioner, the parties
desire the expeditious means for the effective
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disposition of grievance which the parties have agreed
may be handled in a summary manner. The rules
governing the summary proceeding of the grievance
commissioner are set out in the schedule hereto.
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(c) The decision of the grievance commissioner shall only
be applicable in the case in question and shall not
constitute a precedent nor be used by either party as
a precedent in future cases. Notwithstanding anything
contained in the agreement, the decision of the
grievance commissioner shall:
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i) Be consistent with the provision of the agreement.
ii) Be confined to the grievance referred to him.
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(d) The Union and the Employer shall each be
responsible for one-half the expenses of any fees
payable to the grievance commissioner.
(e) The parties, when referring a grievance to a
grievance commissioner shall also provide him with
the Step II summary (or as amended by agreement
of the parties) and the decisions of the management
representative at Step II and Step Ill.
(f)
The parties shall supply the grievance commissioner
and each other with additional concise and brief
written representation on which they intend to reply
provided that such are mailed not less that ten {10)
days before the commencement of the hearings of
the grievance commissioner.
(g) The parties shall meet at least ten (1 0) days prior to
the hearing day in order to determine what
information or facts can be agreed upon prior to the
hearing in order that a statement of facts can be
written and provided to each party and the grievance
commissioner before the commencement of the
hearing.
(h) The purpose of the hearing is to clarity the issues or
facts in dispute. At the hearing the parties may make
such further representations or adduce such evidence
as the grievance commissioner may permit or require,
but the grievance commissioner shall not be obligated
to conform to the rules of evidence.
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(i)
The grievan ce commis sioner must render
decision in writing without reasons to both
within seven (7) days of the conclus ion of
hearings. Upon request by either party after i
decisio n has been rendere d, the griievan cel
commissioner shall deliver brief reasons but
reasons shall not form part of his decision.
ARTICLE 19 -AGEND A MEETINGS
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19:01 The Company and the negotiating committee will
on the first Thursda y of each month or on a
agreeable to both parties, for the discussion of bu,line•s,l
requiring joint consideration.
19:02 Overtim e distribu tion and leaves of absenc es
automa tically become a topic of discuss ion by
parties of each meeting.
19:03 All matters requiring answers discussed at each me,..tino
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will be in writinQ and given to the committee
Compan y within five (5} working days followin g
meeting.
19:04 The Company will take minutes of the meetings and
minutes will be provided to the committee within five
working days of this meeting.
ARTICLE 20- SENIORITY
20:01 Employe..s shall be regarded as probationary emplo:yee"l
until they have actually worked forty (40) days within
period of twelve (12} consecutive months.
Seniorit y shall start from the last hiring date
employee's names shall appear on the seniority list
order of their respect ive date of hiring. All
employees of TKA Fabco Corp at Windsor, shall
on one (1) seniority list.
20:02 The parties agree that seniority is the primary factor
this agreem ent, as it applies to the articles of
Collective Agreement.
20:03 The Chairperson will be notified in writing within one
working day of any t~rmination of an employee. This
includes probationary employees.
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20:04 The Company shall post on the bulletin boards revised
seniority lists on the first (1st) day of every month. The
seniorit y list shall contain each employ ee's name,
classification and seniority date. Six (6) copies of the
seniority list shall be supplied to the plant committee.
20:05 The parties agree that an employ ee must have a
minimum of six (6) months seniority with the Company
before being appoint ed or elected to the plant
committee.
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ARTICLE 21 - LOSS OF SENIORITY
21:01 Seniority rights and employment shall cease for any one
of the following reasons:
(a) If an employee qutts;
(b) If an employee is discharged and the discharge is
not reversed through the grievance procedure;
(c) If an employee fails to report or notify the Company
within five (5} consecutive working days, unless the
employ ee furnishe s legitima te reasons to the
Company for such failure;
If an employee is off work on a W.C.B. or S&A claim
and the Company is informed that he is to return to
work and fails to do so, the Company will notify the
employe e by register ed mail to determi ne the
reasons, if any, why he has not returned to work. If
his absence from work is support ed by medical
evidence, no further action will be taken.
If after five (5) working days after delivery or attempted
delivery of the registered mail the Company has not
been contacted by the employee, the provision of the
first paragraph of Article 21:01 (c) will apply.
(d) If an employee fails to report or notify the Compan y
within five (5) consecutive working days when recalled
by the Company after notification by registered mail
to his address on record with the Company, unless
the employee furnishes legitimate reasons to the
Company for such failure.
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(e) If an employee has less than twelve (12) months 01
seniority and is laid off for a period of twelve (12)
months.
(f)
If an employee with more than twelve (12) months
seniority but less than 5 years is laid off for a perio(j
22:03 Any employee affected by a reduction in the workforce,
may exercise his seniority rights by notification to
supervision within three (3) working days of his being
notified. Notice shall be in duplicate on forms supplied by
the Company and signed by the employee and
supervision.
of time up to the length of his seniority plus an
additional12 months, up to a maximum of 5 years.
(g) If an employee has more than five (5) years 01
seniority and is laid off for a period of time equal to
the length of his seniority.
22:04 Any employee wishing to exercise his seniority rights to
work as an employee in the classification of production
welder will be given a predetermined standard welding
test. This test will be discussed with the Union committee
and a Union representative (qualified welder) will be
present at such time the employee takes the test.
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(h) If an employee overstays his leave of absence
without notifying the Company, unless the employee
furnishes legitimate reasons to the Company for such
failure.
21:02 Where an employee loses his seniority as the result of
this article, the Company shall have the right in it's sole
discretion, to retain the employee with probationar~
status.
Any employee wishing to exercise his seniority rights to
work as an employee in the classification of HVP
Production Welder will be given a pre-determined
standard welding test. This test will be discussed with
the Union committee. A Union representative who is a
qualified welder will be present when the test is given. If
the Union representative is not a qualified welder, he may
be accompanied by a qualified welder.
21 :03 The Union will receive a copy of all registered letters sent
out to employees for any reason on the date sent out.
Any changes to the testing requirements will be discussed
with the Union prior to implementation. Failure to follow
this procedure will void the posting.
ARTICLE 22 • LAYOFF AND RECALL
This clause does not apply if an employee has previously
held the classification for a period of thirty-five (35)
working days. (effective Jan. 1, 1992)
22:01 In the event of a reduction in the number of emPloyees in
the plants, the employees to be laid off shall be given five
(5) working days notice of layoff except in circumstances
which are beyond the control of the Company, in which
case the employees shall be given two (2) working days
notice of layoff. The names of these people shall be given
in writing to the plant chairperson. Normal fluctuation in
customer demand are not considered as beyond the
control of the Company.
22:02 All plant layoffs shall be carried out as follows:
(a) Employees having a greater amount of seniority shall
be retained at work over employees having lesser
amounts of seniority provided they are able and
willing to do t~ work available.
22:05 An employee who, for the convenience and benefit of the
employee, is transferred to another job because of a
lay-off shall be paid the applicable job rate while so
employed.
22:06 Notwithstanding their seniority status the plant
committee in the event of a layoff, shall be continued at
work as long as work is available in the Company which
they are able and willing to do.
Notwithstanding their seniority status the recognized
stewards in the event of a layoff shall be continued at
work, as long as work is available in their respective plants
which they are able and willing to do
(b) Layoffs will be according to Company wide seniority.
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In the event of a work reduction in which the workforc e is
reduced to a two (2) shift operation, the Steward s with
the most votes will retain their Steward 's position
regardless of seniority providing all three (3) Steward s are
still working. If the reduction is great enough that one of
the Stewards is to be laid off, then the Steward s with the
most seniority will remain at work.
22:07 If there is an increase in the working force after a layoff,
the chairperson, the benefit representative and the plant
committ eemen shall be first to be returned to work,
provide d they are able and willing to do the work
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available.
If there is an increase in the workforc e after a layoff, the
highest seniority stewards shall be the first to be returned
to their respective plants and shift, provided they are able
and willing to do the work available.
Where a dispute arises regarding an employe e being able
to do the work available, he shall be given an opportu nity
to perform the job for a reasonable period not to exceed
five (5) workdays, unless his perform ance indicates injury
or damage possibilities. This clause does not apply to an
employee who fails the welding test as outlined in 22:04.
In the event of an increas e in the workfor ce, the
Company agrees to call the most senior employe e on the
seniority list, provided howeve r such employe e has
previously held the classification or has indicate d 1to the
Compan y prior to his layoff his desire to work in the
classification available.
The classification of press operator, janitor & general helper
and general helper will be exempt from the above
procedure.
This clause will not apply in a plant production shut-dow n.
Where an employe e is laid off from his classification and
has an opportu nity to exercise his seniority in another
plant, he must do so or he will lose his classification. The
employee will be required to sign a fonn indicating that
he has resigned his classification, and a copy will be given
to the employee and the Union. A copy will also be placed
in the employee's personnel file. An employe e who loses
his classification in this manner will not be conside red
laid off and shall not be allowed to exercise seniority
under the lay off provisions of this contract .
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22:11 When an employee is moved from Plant One to Plant Two
or vice versa through layoff of bumping, then is laid off
from the classification he bumped into, he will be allowed
to return to his original plant or exercise his bumping rights,
whichever is applicable. In the event that he chooses to
return to his original plant, the junior person in that plant
in that classification who is displaced can then exercise
his bumping rights until ultimately the junior person in the
final classification will be moved to the other plant.
22:12 When employees are laid off from their classification but
are still at work, no other employee will work on that shift
in that classification. If there is work in that employee's
classification on another shift, a backup or other employee
may do the work for a period of up to one {1} week. If the
work is to continue beyond one (1) week the laid off
employee will be given the opportu nity to change shifts
to do the work in his classification. An employee who
chooses not to take available work under the terms of
this clause will lose his classification accordin g to the
procedures set out in Article 22:10.
If an employee is laid off out of classification and then
recalled to that classifi cation for a period of five
consecu tive days, he will be reinstated back into the
initial classification immediately.
ARTICLE 23 - LEAVE OF ABSENC E
23:01 Upon application and two (2) weeks' notice except in case
of emergency, the requests of employees for leaves of
absence will be considered by the management upon their
individual merits and circumstances, and the parties agree
that the determination of whether the request shall be
granted rests solely in the discretion of the Lead Area
Manager or designate. Leaves of absence must be signed
by the Company and the plant committee.
Leaves of absence in no case may be given to any
employee for the purpose of working in another company.
23:02 Any employee of the Compan y elected or appointe d to a
full-time position in Local19 5 C.A.W. or the National Union,
C.A.W., shall be granted a leave of absence by the
Company for a period of two (2) years or the life of this
agreeme nt whichev er is longer, and shall retain and
continue to accumulate seniority.
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23:03 If the company grants a leave of absence to members of
the committee to attend to union business arising out of
the administration of this agreement, such leave will be
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23:07 If an employee is imprisoned following a conviction for an
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motor vehicle and if the time served is ninety (90) days or
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with pay.
23:04 The Company when presented with a request in writing
from the Union will grant a leave of absence to any five (5)
members of the bargaining unit for a period not to
exceed fourteen (14) calendar days where such
employees have been appointed or elected by the Union
as a delegate to a legitimate Union function such as a
convention, conference, council or education course, and
where any one member of the bargaining unit is selected
to attend the Labour College of Canada, the Company
will grant such employee leave of absence for thirty (30)
working days.
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Another person may call on behalf of an imprisoned
employee, but it remains the employee's responsibility to
ensure that the Company is advised.
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Any employee who is incarcerated prior to a conviction
will be deemed as being on a Leave of Absence.
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23:08 In the event of a requested leave of absence, maternity
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23:06 (1) A leave of absence will be granted when required by
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an adopting agency or law in connection with the
adoption of a child of an employee.
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(2) An employee must begin her maternity leave no later
than six (6) weeks prior to her expected confinement
date.
(3) An employee may request a maternity le3ve
beginning prior to the six (6) week period, providing
the requirement for a maternity leave is supported by
medical evidence.
normal duties in an acceptable manner she will be
placed on a maternity leave.
benefits will be maintained including pension credits and
seniority. Any employee called to active duty into the
Canadian Armed Forces will be granted a leave of
absence for the duration. All benefits will be maintained
including pension credits and seniority.
23:10 The Company will honour any request for parental leave
as set out in government guidelines.
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24:01 The normal hours of work for all employees shall be eight
(B) hours per day. The normal working week shall be forty
(40) hours, Monday to Friday, inclusive.
24:02 The normal hours of work are stated solely for the
purpose of calculating overtime.
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24:03 A vote will be conducted to determine the hours of work.
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A representative of the Union and the Company will
conduct the vote.
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(6) Seniority and pension credits will accumulate during
23:09 Any employee active in the Canadian Reserve Forces will
be entitled to four (4} weeks leave of absence. All
ARTICLE 24- HOURS OF WORK
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(5) An employee must return to work eight (B) weeks
after her release from the hospital unless her
prolonged disability to do so is supported by
medical evidence.
leave or parental leave, all insurance coverages will be
maintained for the duration of the leaves including
pension credits and seniority.
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(4) In the event an employee is unable to perform her
less, the Company will accept the conviction and
sentence as a satisfactory reason for the employee's
absence from work during the term of his sentence.
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operation of a motor vehicle shall be considered as on
leave of absence for the period of his conviction.
offence other than one arising out of the operation of a
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23:05 An employee convicted of any offence arising out of the
. -----~------·----·
The hours of work on a two shift operation will be as
follows:
Shift #2 - 7:00a.m. to 3:30 p.m.
Shift #3 - 3:30p.m. to 12:00 a.m.
such authorized leaves of absence and maternity
leaves.
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The hours of work on a three shift operation will be as
follows:
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Shift #1 - 11:00 p.m. to 7:00a.m .
Shift #2 - 7:00a.m . to 3:00p.m .
Shift #3 - 3:00 p.m. to 11:00 p.m.
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24:04 Employ ees workin g on a one (1) and two (2)
shift
operation shall have a thirty (30) minute unpaid lunch
period. Employees working on a three {3) shift operati on
shall have a twenty (20) minute paid lunch period which
includes a five (5) minute wash-u p period.
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24:05 Employees requested to work prior to the start of
their
regular shift or after their regular shift will be paid at the
overtime rate applica ble for all such time worked prior to
the regular starting time or after their regular quitting time
on their regular shifts.
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24::06 Some employees, because of the nature of their
work
within their classification, shall be employed on a regular
basis on shifts that will vary from the normal hours of work
as stated in 24:03 and 24:05. Any opening of this nature
shall be filled by the highest seniority employee within the
classification providing he is willing and able to do the
work available. To determine if the employee is able to
perform the work refer to Article 22:08.
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24:,08 There shall be a five (5) minute wash-u p period
24:09 The Compa ny will pay an employee an additional sixty
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(60) cents per hour for work performed on the numbe
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three (3) shift. The Compa ny will pay an employ ee an
additional one dollar ($1.00) per hour for work perform ed
on the numbe r one (1) shift.
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24:10 An employ ee reporting for work on instruct ion of
the
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Compa ny but for whom no work at his regular job is
availab le will be offered at least four (4) hours
employ ment in other work at his regular hourly rate, or at
the Compa ny's option will be paid for four {4) hours time
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24:12 All employees reporting to work, and for whom work
is
not available because of reasons stated in 24:11, shall
remain at work for 2 hours, and if work is still not
available, shall be sent home and paid 4 hours at their
regular rate.
24:13 The employ ee who has clocked out and has left the
Compa ny's property and is called back for work in an
emergency shall receive a minimu m of four (4} hours pay
at the applica ble overtim e rate.
24:14 The Compa ny agrees that in the future, invento ry taking
will only be conduc ted on Saturd ays and Sunday
s
whenever possible.
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immediately prior to the lunch hour and a five (5) minute
wash-u p period immediately prior to the end of the work
day.
24:11 This provision shall not apply when work is not availabl
e
because of a labour dispute, fire, flocd, power failure or
an act of God.
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24j07 There shall be two (2) fifteen (15) minute rest periods
on
each shift.
at his regular hourly rate. An employ ee request ed to
report to work on Saturday, Sunday or a Holiday under
this clause (24:10) shall be paid the applica ble overtime
rate.
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ARTICLE 25 - OVERT IME
25:01(a)
An employee shall receive payment at the rate of time
and one-half his equivalent hourly rate for the first four
(4) hours worked over eight (8) in any one shift and
double time for all hours worked over twelve (12) hours
in any one shift.
25:01(b) An employee working overtime into another shift which
has a higher shift premiu m than the shift he is
schedu led to work on, will receive that higher shift
premium for all hours worked on the higher rated shift.
25:02 If an employ ee is required to work more than one (1)
hour overtim e there shall be fifteen (15) minute rest
period at the end of his regular shift.
25:03 An employ ee shall receive payment at time and one-ha
lf
his equivalent hourly rate for the first eight (8) hours worked
on Saturday and double time for the balance of hours
worked on Saturday. Employees asked to work beyond
the end of a scheduled six (6) hour Saturday shift shall be
paid at double time for all hours after the first six (6).
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25:04 When the plant is working on a three (3) shift basis,
Sunday shall not be considered as premium time so long
as it is part of the normal Monday (no.1 shift) workday.
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25:05 All hours worked on the holidays recognized in this
agreement shall be at double time plus eight hours pay
for the holiday.
25:09 The Company will have the right to fully schedule two (2)
overtime days per month per department, namely H.V.P.
plant #1 or plant #2 automotive.
All hours worked on Sunday and holidays recognized in
this agreement shall be paid at double time for the first
eight (8) worked and double time and one half for the
balance of the hours worked.
25:06 A)
25:10 The Company shall endeavor as far as reasonably
practicable, over a period of time, to distribute overtime
equally among the employees normally performing the
work in the plant on their respective shifts. An overtime
record shall be maintained by the Company for each
employee.
When one (1) or more employees are required to work
in a department on a shift on an overtime day, the
committee person or steward responsible for
representation in the department on that shift will be
one of the employees offered the overtime work
providing he is willing and able to perform the work
available.
Any employee who is available for overtime will be
required to identify their availability by inputting their clock
number into the overtime system as directed by the
company. Any employee who fails to make such an input
will be subject to assignment of hours if·they would have
been eligible due to the level of their total hours at the
time of availability.
If the committee person and steward refuse the over
time work the alternate steward on that shift will then
be offered the overtime work, providing he is willing
and able to do the work available.
25:06 B)
If enough employees do not identify their availability for
overtime, the following steps may be taken:
When committee persons and/or stewards are
scheduled to work on an overtime day and that shift
has ten (1 0} or more people employed, the hours
outlined in Article 15:04 shall apply.
1.
2.
25:07 The plant chairperson shall be scheduled to work on
Saturdays, Sundays and holidays provided there is a
total of ten (10) employees working on the day shift.
If less than ten (1 O} employees are scheduled to work as
stated above, the plant chairperson may be asked to work
in his classification if such overtime work is available.
Overtime records shall be zeroed out with the exception
of the variance hours beginning January 1 of each
calendar year.
If less than forty (40) employees are scheduled to work as
stated above, the Benefit Representative may be asked
to work in his classificatio n if such overtime work is
available.
Overtime hours worked or charged shall be recorded as
is with no premium attached. Overtime refused shall be
recorded on the same basis as overtime worked.
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The Company may canvass employees who
normally perform the work in the classification.
If there are still not enough employees available,
the work may be offered to employees who have
identified their availability for overtime,
providing they are able to perform the work
required.
Employees who are selected for overtime and fail to work
shall be charged double the assignment of hours.
The benefit representative shall be scheduled to work on
Saturdays, Sundays and holidays provided there is a
total of forty (40) employees working on the day shift.
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25:08 If the plant chairperson, committee persons, stewards or
alternate stewards are not able or willing to do the work
available they shall have the right to appoint alternates
from among the employees selected to work to represent
the
other
employees
in
their
absence.
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separate one classification on one shift from the same
classification on the other shifts. Where an imbalance
occurs, overtime work will be offered to the other effected
shifts until the variance is back within 20 hours.
Employees who are absent for any reason or who do not
request to work the available overtime, and by the level of
their overtime would have been selected to work the
available overtime, shall be credited with the overtime
hours worked.
All elected or appointed union representatives will not be
included in the distribution function as it applies to the
higher level in hours in the overtime distribut ion.
Persons who have elected to work on a steady shift will,
also be not included in the distribution function.
Any hours worked in a classification on a schedule d
overtime day will be automatically charged against all
persons absent from work on that day.
No employee shall be offered overtime outside of his own
overtime pool for the purpose of correcting an out-ofvariance situation, unless otherwise agreed to by the
employee.
25:11 In the case there is a lay off in a classification, forty (40)
hours shall not separate the last erf1)1oyee laid off from
the classification from the highest number of hours worked
in that classification from which he was laid off.
Overtime hours used for the purposes of employe e
training (on or off site) and custome r plant visits
necessitated by quality related issues will not be charged
as overtime.
In the event the last laid off employee is recalled to his
classification, and the next laid off employee from that
classifica tion with hours outside of the distributi on
schedule, shall be assigned hours to bring him within thirty
two (32) hours of the employe e having the highest
number of hours in the classification, from which he was
The overtime report will be published daily.
laid off.
Any new employee shall be credited with the highest
number of hours in the classifica tion to which he is
assigned.
If an imbalance does occur, the Company will have one
(1) calendar week to correct the imbalanc e. If the
imbalance is not corrected the Company agrees to pay
such employee the difference in hours to correct the
situation.
Any employee whose classification changes shall be
credited with the highest number of hours in the
classification to which he enters.
If inventory is taken on a Saturday or a Sunday, all
employees will be charged the equivalent hours worl<ed.
Bargaining unit employees will operate all motorize d
equipment used to take such inventories.
If in the event of an imbalance correction an employee is
outside the twenty (20) hour limit as set out in Article 25:1 o,
such employee shall be exempt from the distributi on
schedule.
Twenty (20) hours will never separate any one employee
in their respective group in the classification schedule.
Any new employee shall be credited with the highest
number of hours in the classifica tion to which he is
assigned.
If an imbalance does occur, within the classification on
the employees respective shift, the Company will have
one (1) calendar week to correct the imbalance. If the
imbalance is not corrected the Company agrees to pay
such employe e the difference in hours to correct the
situation.
Twenty (20) hours will never separate any one employee
in their respective group in the classification schedule.
The overtime report will show the average overtime hours
per classification for each shift. Twenty (20) hours will not
25:12 The Company shall give forty-eight (48) hours posted
advance notice to the employees of scheduled overtime
If inventory is taken on a Saturday or a Sunday, all
employees will be charged the equivalent hours worked.
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work, except in the event of an unforeseeable
circumstance.
ARTICLE 26 - JOB POSTING
In the event of unforeseeable circumstances and an
employee(s) is on a Friday P.D.O./vacation day or
Thursday - Friday P.D.O./vacation day the Company will
attempt to notify the employee(s) by phone and the Union
will be notified.
26:01 Notice of vacancies or new jobs will be posted within the
department on the bulletin boards for a period of three (3)
working days, and a copy will be supplied to the plant
chairperson. The names of the successful applicants for
any job posting will be posted in the plants within five (5)
working days on the expiration of the posting.
25:13 When an employee is scheduled to work on a Saturday,
he may be excused from such duties, on presentation of
documented legitimate reasons for such absence at least
twenty-four (24} hours prior to the scheduled Saturday.
25;14 All Saturdays and Sundays attached to a scheduled
Friday or Monday holiday, as outlined in the Collective
Agreement. will be on a strict voluntary basis.
25:15 Any employee working overtime out of his classification
will have the hours charged against his normal
classification. An employee working as a backup,
outside of his classification, will be charged overtime hours
against his normal classification, up to the point that
others in the same overtime pool will be put out of
variance. Under no circumstances will an employee
working overtime as a backup, outside of his
classification, create an out of variance situation.
25:16 Any employee who resigns their classification or chooses
to change shifts shall be credited with the overtirne.hours
equal to those of the employee with the highest overtime
hours in the classification which he enters on that shift.
Any employee laid off from their classification or who is
required to change shifts will keep the same variance in
the new classification or shift as they had in the
classification or shift that they were laid off from.
25:17 If there are no indirect employees available to work
overtime on any given shift, indirect employees of the same
classification from the other shifts will be offered the
overtime work before back ups or other employees.
25:18 Employees may swipe to indicate availability for overtime
at any time prior to Thursday Lunch. Employees who are
on vacation will not be eligible to swipe to indicate
availability for overtime.
25:19 When ten (10) work centers are operating in the plant on
an overtime day, a full time inspector will be employed.
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26:02 All changes in any job posting will be posted in the plant
and a copy supplied to the plant chairperson.
26:03 The employee who has applied in writing with the
greatest seniority shall be the successful applicant
providing he is willing and able to perform the job in an
efficient manner.
An employee may hold a back-up position in one (1)
classification only.
A successful job posting applicant who gives up a back
up classification shall not have the right to apply for the
same back-up classification for a period of six (6) months
unless agreed upon by the parties.
Applicants shall be given a minimum three (3) day trial
period, unless their performance indicated injury or
damage possibilities. The three (3} day trial period does
not apply if the applicant fails the welding test as outlined
in 22:04 and 22:10.
26:04 An employee may apply for any job posting no matter
what classification he holds. The successful applicant of
a job posting may not apply for another job posting for a
period of six (6) months, except as provided in section
26:05 or as mutually agreed upon by the parties.
26:05 An employee who applies and receives a job that had
been posted shall have the right to apply for another
monetary upgrading job at any time.
26:06 A successful job posting applicant shall have a thirty (30)
working day period in which he may return to the
classification he previously held.
When an indirect employee posts for and receives a job
posting, the Company can't post for his previous job for
thirty-one (31) days.
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27:02 All employees will phone the Personnel Office when he
or she will be absent from work, stating the duration of
their absence.
If the successf ul applicant goes back within thirty (30)
days, the Compan y will use the next applican t by
seniority in the posting and so forth and so forth.
If an employee is absent beyond the duration reported,
such employee shall be required to call the Personnel
Office again.
26:07 When an increase in any classification is required, job
posting shall not apply if any employee holding that
classifica tion is on layoff or absent due to weekly
indemnity claim, Workers' Compensation claim, vacation
or leave of absence.
When an employee calls the Personnel Office to report an
absence, he shall be given a call-in number.
26:08 If an employee is off work for any reason, he will have the
right to apply for any one job posting within five (5)
working days upon returning to full time employment. This
will be restricted to any postings in the prior six (6) months
of the return to work. All other employees affected by the
returning employees decision to take such a job posting
will return to the position they held prior to the original
posting going up.
Call-in times shall be as follows:
Shift no.1, 2, and 3 -8:00a.m . to 4:30p.m.
on the first day of the absence.
ARTICLE 28 - PRODUC TION STANDA RDS
28:01 When a dispute arises between the Company and the
Union as to the productio n performa nce of an employee,
the Union shall have the right to bring into the plant a
representative qualified to deal with any technical aspects
of the dispute and every effort shall be made by the
parties to resolve the problem . All expense s in
connection with the Union Representative shall be borne
by the Union.
Persons on Weekly Indemni ty or Workers '
Compens ation, leave of absence, maternity leave and
parental leave can apply for any posting within the
guideline set out.
26:09 The Company will provide the union with a classification
list monthly, listing each employee's name by seniority
and a separate list of back-ups.
Any dispute which cannot be resolved by the parties
involved will be referred to a qualified Industrial Engineer
agreed upon by the Company and Union. The decision
of the arbitrator shall be final and binding on both parties
and his expense shall be borne equally.
26:1 0 The Union Committee will be informed of the requirements
of any changes in testing that will be required for fpture
job postings. Should the requirements of the test!ng
subsequ ently change, these changes will again be
discusse d with the Union Committee. Failure to follow
this procedur e will void the posting.
28:02 All disciplinary action concernin g productio n standard s
shall be taken within two {2) working days after the cause
of the discipline is known to the Company.
Job postings will be drawn up in such a manner as to
advise employee s of the new job testing requirements
when these changes are made.
28:03 When a job is to be time studied or re time studied, the
person(s) doing the time study will hold a meeting with
the employees who normally perform the work and a Union
Representative and explain the reason for the time study
or re time study.
ARTICLE Z7 - ABSENTEEISM
27:01 The efficient operation of the plant is of mutual interest to
both employee s and the Company. Regular attendan ce
and punctual ity is a major requirement to achiev~ this
success.
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ARTICL E 29 • HEALTH & SAFETY
the
29:01 The employe r shall make reasonable provisio ns for
safety and health of its employees. Such protective
devices and clothing which are necessary to protect the
employ ees shall be provide d at no cost to the
employees.
five
29:02 The Compan y will contribu te one hundred and thirty
This
shoes.
safety
of
purchase
the
dollars ($135.0 0ito
contribu tion shall be payable to each seniority employe e,
who has worked a minimum of five hundred (500) hours
in the calenda r year, at the end of each calenda r year by
separate cheque.
to
29:03 The Compan y will contribu te eighty dollars ($80.001
be
shall
tion
contribu
This
aprons.
the purchas e of leather
payable to each employe e holding an ARC/M.I .G welding
classific ation who has worked a minimum of five hundred
hours (500) in the classification, in the calenda r year, at
the end of each calenda r year by separate cheque.
29:04 If an employe e is injured on the job and requires 'the
attention of a medical doctor he shall be transpor ted to
either Hotel Oieu or Metropo litan General Hospital or to a
doctor of his choice, if availabl e, for treatme nt and
assessment.
If the doctor after medical attention determin es that the
employe e may return to the job and after the ervploye e
has returned and feels he cannot continue he shall be
returne d to the doctor for further treatme nt' and
assessment.
If the doctor determin es that the employe e should not
work the balance of his shift or longer, he shall be
transpor ted to his home if required.
When an employe e has been authorized, by a doctor, to
be off the balance of the shift due to a work related injury,
he shall be paid for the balance of the shift.
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Effective January 1, 2001 $1.03 will be added to all
classific ation base rates and a $.05 float will be
establish ed and become effective as of January 1,2001.
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30:02 The cost of living allowanc e will be paid weekly in
employe e's regular pay cheques accordin g to the formula
established.
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Cost of living allowanc e establish ed by the Statistic s
Canada Consum er Price Index for the month of:
February ........... 2001
May ................... 2001
August .............. 2001
Novemb er ......... 2001
February ........... 2002
And so forth ...... .
Payable beginnin g the first full pay in the month of:
April .................. 2001
July ................... 2001
October ............ 2001
January ............. 2001
Apri ................... 2002
And so forth ...... .
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30:04 The cost of living shall be paid for all hours worked and
also paid holidays, vacation pay, bereave ment pay, jury
duty and P.D.O. 's.
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30:05 The cost of living allowanc e shall be continge nt upon the
availability of the official Statistic s Consum er Price Index
and calculate d on the same basis as the index publishe d
for November, 2000 unless otherwis e agreed upon by the
parties.
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30:06 The Consum er Price Index for Novemb er is 147.3 and
will serve as the base for future increase s or decreas es in
the cost of living allowanc e.
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30:07 In no case shall the wage rates set out in this agreeme
be reduced by a decline in the Consum er Price Index.
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ARTICL E 31 ·PERSO NAL DAYS OFF
y
31:01 In the calenda r year of 2001 each active seniorit
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persona
(7)
seven
receive
to
eligible
be
shall
e
employe
days off. Each employe e who has complet ed 25 years of
service will also receive one (11 addition al persona l day
off which may be taken in any period.
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30:03 The cost of living allowanc e change shall be at the rate
one (11 centfor each .076 change in the index (1986=1 001
and will be changed and the increase or decreas e paid as
follows:
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ARTICL E 30 ·COST OF LIVING ALLOW ANCE
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31 :02 In the calendar year of 2002 each active seniority
employee shall be eligible to receive eight (8) personal
days off. Each employee who has completed 25 years of
service will also receive one (1) additional personal day
off which may be taken in any period.
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31 :03 In the calendar yea:r of 2003 each active seniority
employee shall be eligible to receive eight {8) personal d
ays off. Each employee who has completed 25 years of
service will also receive one (1) additional personal day
off which may be taken in any period.
31 :04 Personal days off must be taken during the following
periods:
2001
January 8 - May 4 ............................ 2 days
May 7 - August 30 ........................... 3 days
September 4 - December 14 ............ 2 days
2002
January 7 - May 3 ........................... 2 days
May 6- August 30 ............................. 3 days
September 2 - December 13 ............ 3 days
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2003
January 13 - May 2 ......................... 2 days
May 5 - August 2 ............................. 3 days
September 2 - December 12 .......... 3 days
31 :05 Employees shall request in writing on available forms, one
(1) week in advance, when possible, for their personal days
off. Employees may take two (2) consecutive days o'ff
during each period. In the event of an emergency where
an employee must phone in for a P.O.O., the request must
be made to the employee's Lead Area Manager or
designate at 972-5211
31:06 Employees may take personal days off in half day, four (4)
hour increments at their discretion.
31:07 The total number of employees, who may use the same
date for a personal day off is subject to production
schedules and the requirements of the Company.
31:08 Any active employee not using his personal day off, and
has worked at least one day in a period, shall be paid in
lieu of, if he goes oft work for any reason and does not
return before the end of the period.
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31:09 If an employee does not take his personal day off in the
assigned time period, he will lose that personal day off
and will not be paid in lieu of.
31:10 Employees will be allowed to take two (2) advance paid
days off during the first and second period of each year
only.
ARTICLE 32- VACATION WITH PAY
32:01 Each employee will be granted an annual vacation with
pay in accordance with the following provisions;
Seniority as of June 30th -
Number of days or vacation
pay percentage of gross
earnings whichever is greater.
Less than 1 year ............................................ 0 ................... 4%
1 year but less than 4 years .......................... 1 0 ................. 4%
4 years but less than 8 years ....................... 15 ................. 6%
8 years but less than 10 years ...................... 15 ................. 7%
10 years but less than 15 years .................... 20 ................. 8%
15 years but less than 23 years .................... 25 ............... 12%
23 years but less than 28 years .................... 25 ............... 13%
28 years and over ......................................... 27 ............... 14%
32:02 To be eligible for the vacation pay as defined in 32:01 an
employee must have worked one thousand hours (1 000)
in the previous twelve (12) month period. Holidays and
P.D.O. 'swill count as hours worked.
Failing such qualifying period, the employee will receive
vacation pay equal to the percentage of gross earnings
as defined in 32:01. Vacation pay from the previous year
will be included when calculating gross earnings.
32:03 If one of the paid holidays specified in this agreement is
observed by the Company on a normal working day
(Monday through Friday) during an employee's vacation,
he shall be entitled to an extra day of paid vacation, which
shall be added to the beginning or end of his vacation
period, at the discretion of the employee.
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31:11 Employees who retire under normal or early retire
provisions of the contract will be paid all P.O.O.s not taken
for the remainder of the calendar year.
31:12 Employees with 25 years or more of service of any Qiven
year may take 5 paid days off at one time as an additional
week of vacation.
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In the event of a normally scheduled summer vacation
this day will be assigned at the beginning or end of the
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vacation period.
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32:04 An employee's vacation shall be taken during the
calendar year in which it is applicable.
32:05 The Company will schedule ten (1 0) days of vacation for
all employees. Any employee entitled to additional weeks
vacation may request in writing, by April1, stating when
they wish to be off. The Company will ensure that all
employees take all of their vacation entitlement each year,
provided they have worked 1000 hours during the
qualifying period. Employees who have not worked 1000
hours shall only be required to take a vacation equal to
their vacation pay.
Employees entitled to more than ten (1 0) days of vacation
may take all of their vacation weeks consecutively but
must apply in writing to the Company by April 1 stating
when they wish to be off.
The Company will consider all requests and they will be
granted if the vacation request does not impair the
Company's ability to operate any departments within the
plants in an efficient manner.
All such requests will be considered on a seniority basis.
32:06 Vacation pay in the case of termination of employment
will be provided on the basis of payment eqt.Jal to an
employee's unused vacation credits as provided above.
Vacation pay in the case of retirement will be provided in
accordance with Article 32:01 and 32:02. Additionally
payments under Articles 29:02 and 29:03 will be made
providing the retiree has worked the qualifying hours.
All vacation pays will be on a separate check.
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32:07 Vacation schedules shall be posted by May 15th of each
year and shall not be changed except with further
consultation with the plant committee.
32:08 Employees who have entitlement to three (3} ·or more
weeks vacation shall be allowed to take up to 5 days per
year of their vacation entitlement as individual vacation
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days off. Employees who have entitlement to four {4) or
more weeks vacation shall be allowed to take up to ten
(1 0) days per year of their vacation entitlement as
individual vacation days off. Employees must notify the
personnel department of their desire to take these days
as individual vacation days off by January 31st of each
year on their vacation request.
Application for individual vacation days will be made
according to the same procedure as Paid Days Off,
except that these individual vacation days do not need to
be taken in the periods set out for taking Paid Days Off.
Individual vacation days may only be taken as full days.
An individual vacation day will not be allowed unless it
has been scheduled in this manner and approved by the
employee's Lead Area Manager or his designate.
Employees may not call in and request a vacation day for
that same day. Payment for individual vacation days will
be made on the employee's next pay, provided that the
employee has accumulated sufficient vacation pay to
qualify for payment and that the employee has not
previously been paid vacation pay owing for that year.
An individual vacation day may be taken on any day of
the week.
ARTICLE 33- PAID HOLIDAYS
33:01 During the lifetime of this agreement the Company shall
recognize the following holidays:-
2001
New Year's Day ............................. January 1
Christmas Shutdown ..................... January 2
Good Friday .................................. April 13
Easter Monday .............................. April16
Victoria Day ................................... May 21
Canada Day ................................... June 29
Civic Holiday ................................. August 6
labour Day .................................... August 31
labour Day .................................... September 3
Thanksgiving Day .......................... October 8
Ghristmas Shutdown ..................... December 24
Christmas Day ............................... December 25
Christmas Shutdown ..................... December 26
Christmas Shutdown ..................... DeCember 27
Christmas Shutdown ..................... December 28
Christmas .Shutdown ..................... December 31
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2002
New Year's Day ............................. January 1
Good Friday .................................. March 29
Easter Monday .............................. April 1
Victoria Day ................................... May 20
Canada Day ................................... June 28
Civic Holiday ................................. August 5
Labour Day .................................... August 30
Labour Day .................................... September 2
Thanksgiving Day .......................... October 14
Christmas Shutdown ..................... December 23
Christmas Shutdown ..................... December 24
Christmas Day ............................... December 25
Christmas Shutdown ..................... December 26
Christmas Shutdown ..................... December 27
Christmas Shutdown ..................... December 30
Christmas Shutdown ..................... December 31
2003
-New Year's Day ............................. January 1
.Good Friday .................................. April 18
.Easter Monday .............................. April21
Victoria Day ................................... May 19
Canada Day ................................... June 27
Civic Holiday ................................. August 4
Labour Day .................................... August 29
Labour Day .................................... September 1
Thanksgiving Day .......................... October 13
Christmas Day ............................... December 24
Christmas Shutdown ..................... December 25
Christmas Shutdown ..................... December 26
Christmas Shutdown ..................... December 29
Christmas Shutdown ..................... December 30
Christmas Shutdown ..................... December 31
3) To employees who have been laid off within
forty-five (45) calendar days prior to the
holiday.
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4) To employees who have commenced a leave
of absence within thirty (30) working days prior
to the holiday.
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5) To employees who are late no more than one
(1) hour or at the discretion of the Company.
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33:02 Scheduled workday shall not include Saturday or
Sunday.
33:03 An employee who qualifies for the first day of the
Christmas shutdown will be entitled to holiday pay for all
subsequent paid holidays during that shutdown.
33:04 a) Employees who are receiving weekly indemnity
insurance under this agreement on the day a holiday is
observed shall receive eight (8) times his hourly rate of
pay less his daily income insurance benefits.
b) Employees who are in receipt of workers
compensation on the day a holiday is observed will
not be eligible for holiday pay. Any other reason for
payment of such statutory holidays shall be left to the
discretion of the employer.
c) Employees receiving weekly indemnity insurance, but
who would otherwise be in a layoff position because
of their seniority, will not be eligible for such holiday
pay as outlined in 33:04 (a) unless they meet the
requirements of 33:01 (3).
The employee who has attained seniority prior to the
holiday shall receive eight (B) times his hourly rate of pay
for the observation of the above holidays providing he
works the scheduled work day immediately prior and the
scheduled work day immediately following such holiday.
d) Holiday pay as outlined in 33:04 (a) shall only be
received by those employees on weekly indemnity for
a period of fifty-two (52) weeks. If any employee is off
on weekly indemnity for a further fifty-two {52) weeks
holiday pay as outlined in 33:04 (a) will be paid at one
half the norma:l rate.
Except as follows:-
33:05 The last day of work before Christmas shutdown shall be
scheduled as a six (6) hour shift. This shift will run on the
same schedule as a voluntary overtime day.
1) Sickness authorized by a doctor.
2) Sickness in the family whereby the employee's
presence is requested at home authorized by
a doctor.
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ARTICLE 34 - BEREAVEM ENT LEAVE
34:01 Provided an employee is scheduled to work, the
Company will grant upon application made by the
employee, three consecutive working days leave of
absence with pay at his straight time hourly rate paid for
an employee to attend the funeral of a member of his
immediate family. The day of the funeral must be one of
the consecutive working days or fall within the period
covered by the three consecutive days. For the purpose
of this clause, consecutive working days may mean
Friday - Monday - Tuesday or Monday - Tuesday Wednesday, or Tuesday - Wednesday - Thursday, or
Wednesday - Thursday - Friday, or Thursday - Friday Monday. Where the employee is scheduled to work on a
Saturday or Sunday, the day or days scheduled may be
considered as working days of the purpose of this clause.
34:02 Immediate family when used in this clause shall mean the
mother-in law, father-in-law , grandparen t, grandchild,
brother-in-law, or sister-in-law, stepbrother, stepsister or
step grandparent of the employee or grandparent of a
spouse. Common law status will be considered the same
as married status for the purpose of this article.
In the case of a wife, husband, common-law spouse,
children, parents, step-parents, step children, brother or
sister five (5) days of bereavement will be allowed.
hours up to eight (8) that he otherwise would have been
scheduled to work and the daily jury fee paid by the court
(not including travel allowance or reimbursem ent of
expenses.)
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a)
The employee shall have attained seniority as of
the date of commencem ent of the Jury Duty.
b)
The employee shall notify the Company that he
has been summoned for Jury Duty immediately
upon receipt of such notice.
c)
The employee shall furnish evidence to the
Company that he reported for or performed Jury
Duty on the days for wtich he claims payment
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35:03 The Company's obligation to pay an employee for
performance of Jury Duty under this section shall have
no limit.
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ARTICLE 36 - PAID EDUCATION LEAVE
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36:01 The Company agrees to pay into a special fund one and
four-tenths of a cent ($0.014) per hour per employee for
all compensate d hours for the purpose of providing paid
education leave. Said paid education leave will be for the
purpose of upgrading the employees skills in all aspects
of trade union functions. Such monies to be paid on a
quarterly basis into a trust-fund established by the
National Union, C.A.W. and sent by the Company to the
Canadian Region Headquarte rs at 205 Placer Court,
Willowdale. Ontario, M2H 3H9.
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34:03 In the case that an employee is off work because of a
leave of absence, vacation or paid holidays he shall be
entitled to all benefits under Article 34:01.
36:02 The Company further agrees that members of the
bargaining unit, selected by the Union to attend such
courses, will be granted a leave of absence without pay
for twenty· (20) days of class time, plus travel time where
necessary. Said leave of absence to be intermittent over
a twelve (12) month period from the first day of leave.
Employees on paid leave of absence will continue to
accrue seniority and benefits during such leave.
ARTICLE 35 - JURY DUTY
35:01 Each employee who is summoned to and reports for Jury
Duty, or as a subpoena witness, (three (3) witnesses per
case) as prescribed by applicable law, shall be paid by
the Company the difference between the employee's
regular straight time hourly wage rate for the number of
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35:02 In order to receive payment under this section, an
employee must meet the following eligibility requirements:-
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Where an employee cannot attend the funeral of a
member of the immediate family, he shall, on his request
be granted one (1) day compassion ate leave with pay at
the applicable rate outlined above, with the exception of
a parent, brother or sister where the compassion ate leave
will be extended to three (3) days.
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ARTICLE 37 -TOOL ALLOWANCE
37:01 The Compa ny agrees to reimburse all employ
ees, who
may wish to purcha se tools accord ing to the approv
ed
list available and that may be required to perform the
work
in this classification. A total of one hundred and
fifty
($150.00) for every one thousa nd (1000) hours of work
perform ed within the design ated area (maximum
three
hundred dollars ($300.00) annually.)
37:02 The design ated areas as outline d above
are die repair,
prototy pe, lift truck repair,electrical mainta inance
and
repair and machin e & tool repair & mainte nance.
37:03 All tools will be purcha sed through the Compa
ny.
37:04 Tool allowan ce will be paid only to those person
s holding
the classifi cation in the design ated areas through
a job
posting , or bumpin g rights.
37:05 In the event an employee breaks a tool on the
job, the
Compa ny agrees to replace such tool, of the same
brand
if available, at no cost to the employ ee.
37:06 The Compa ny agrees to replace any lock
that had to be
removed by Manag ement personnel.
Any new tool with signifi cant value should not
be
purcha sed until a determ ination of who will pay !for
such
tool is made.
ARTICLE 38 - SEVERANCE PAY
38:01 If the Compa ny closes operati ons or causes
perma nent
job loss, those employ ees with more than five (5)
years
seniori ty will be paid accord ing to the followin g schedu
le:
In the event the Employ ment Standa rd Act Provid
es for
an amoun t greate r than provide d in 38:01, then
such
amoun t will take precedence.
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Years of Servic e
Perma nent Job Loss
5 ···························· $6,500.00 ····················· $8,500.00
6 ···························· $7,800.00 ··················· $10,200.00
7 ···························· $9,100.00 ··················· $11,900.00
8 ··························· $10,400.00 ·················· $13,600.00
9 ··························· $11,700.00 ·················· $15,300.00
10 ......................... $13,000.00 ·················· $17,000.00
11 ......................... $14,300.00 .................. $18,700.00
12 ························· $15,600.00 ·················· $20,400.00
13 ......................... $16,900.00 .................. $22,100.00
14 ························· $18,200.00 ·················· $23,800.00
15 ························· $19,500.00 .................. $25,500.00
16 ......................... $20,800.00 .................. $27,200.00
17 ························· $22,100.00 ·················· $28,900.00
18 ························· $23,400.00 .................. $30,600.00
19 ························· $24,700.00 .................. $32,300.00
20 ························· $26,000.00 .................. $34,000.00
21 ························· $27,300.00 ·················· $35,700.00
22 ......................... $28,600.00 ..................
$37,400.00
23 ························· $29,900.00 .................. $39,100.00
24 ························· $31,200.00 .................. $40,800.00
25 ......................... $32,500.00 .................. $42,500.00
26 ························· $33,800.00 .................. $44,200.00
27 ························· $35,100.00 .................. $45,900.00
28 ......................... $36,400.00 ·················· $47,600.00
29 ························· $37,700.00 ·················· $49,300.00
30 ························· $39,000.00 ·················· $51,000.00
31 ························· $40,300.00 .................. $52,700.00
32 ························· $41,600.00 ·················· $54,400.00
33 ························· $42,900.00 .................. $56,100.00
34 ························· $44,200.00 ·················· $57,800.00
35 ......................... $45,500.00 .................. $59,500.00
36 ························· $46,800.00 .................. $81,200.00
37 ························· $48,100.00 ·················· $62,900.00
38 ......................... $49,400.00 ················•· $64,600.00
39 ......................... $50,700.00 .................. $66,300.00
40+ ....................... $52,000.00 .................. $68,000.00
Severa nce pay benefit s will be inclusi ve of legisla
ted
severance pay. Accept ance of severance pay benefit
s will
sever the employ ee's seniority.
"Perma nent Job Loss" means the perman ent elimina
tion
of jobs becaus e of the introdu ction of new techno
logy
that elimina ted at one given time, on one part numbe
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jobs that employ eight (8) or more persons. This does not
apply to new technology employed to produce new or
replacement products.
In the case of "Permanent Job Loss" sufficient persons
with 25 years of seniority or more will be offered
retirement without actuarial reduction, to equal the
number of jobs lost. Any individual who takes this
retirement option will lose all rights to severance.
In the case of full closure employees with 25 years of
seniority or more will be offered retirement without
actuarial reduction. Any individual who takes this
retirement option will lose all rights to severance as stated
above. Any employee who has 30 years seniority and is
50 years of age will only be entitled to severance pay as
provided under provincial legislation.
ARTICLE 39 - GROUP INSURANCE - HEALTH/WELFARE
INSURANCE- LIFE A.D.AND D. & WEEKLY INDEMNITY
39;01 The Employer shall provide the following plans for all
active employees who have attained seniority and their
eligible dependants.
Health & Welfare
1)
2)
3)
4)
5)
6)
7)
8)
9)
The Ontario Hospital Insurance Plan
The prescription service incorporate, Green Shield
comprehensive prescription plan 3 ($1.00 co-pay)
retiree co-pay $0.35. (Product Selectioh unless
no substitution specified by Doctor)
The Green Shield dent-a-care plan (plus 4) $1900.00 lifetime maximum for orthodontic
coverage (50% of eligible expenses), $1200.00
lifetime maximum for crown and bridge coverage
(50% of eligible expenses), pit and fischer
sealant, 9 month recall and X-rays,
The Green Shield vision care plan $21 0.00)
The Green Shield semi-private coverage
The Green Shield extended health plan (Autoplan
P7), including coverage for registered massage
therapist $25.00 per vistt, $300.00 maximum per
year, upon referral from physician
The Green Shield audio plan H-1
Green Shield Out of Province Coverage Plan OJ
Lab testing
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All retirees and their eligible dependants shall be covered
by the above plans, if required.
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Eligible dependants for the purpose of this clause shall
be the spouse and any children under the age of twenty
one (21) unless such children are dependant because of
disabilities or are a full time student enrolled at an ac
credited educational institution.
Life Insurance
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2001 ··················· $42,000
2002 ··················· $43,000
2003 ................... $44,000
Eligible dependants will be covered by a $3,500 life
insurance policy.
Accidental death & dismemberment Insurance (A.D.&D)
Loss of Life......................................................full benefit
Loss of both; hand, feet or loss of sight of both eyes.
........................................................................ .full benefit
Loss of one: hand, foot, or sight of an eye
............................................................one-half of benefit
The amount of this coverage will be that of the life
insurance coverage listed above.
This coverage will be limited to non-industrial occurrences
only.
Employees receiving disability pension will receive the
above life insurance coverage until age 65.
WEEKLY INDEMNITY INSURANCE
Amount Payable in 2001 shall be five hundred and thirty
($530.00) per week.
In 2002, the benefit shall be five hundred and forty
($540.00) per week.
In 2003, the benefit shall be five hundred and fifty
($550.00) per week.
55
•.:·
.0s~.'.~J!i'?~l!P?f~"'rt~~~~·f:~['~·
~1
i
Personal income tax will be deducted at a 20% rate.
Coverage will be as follows:
Accidents ............................................. Payable 1st day
Admission to Hospital .......................... Payable 1st day
Out Patient Procedu~e at Hospital, not including .......... .
cosmetic surgery .................................. Payable 1st day
Sickness ............................................... Payable 4th day
Duration .......................................................... 52 weeks
For those employees who continue to be disabled after
the expiration of their weekly indemnity benefits shall be
provided at the rate of one half the normal rate as listed
above per week.
The parties agree that where benefits are paid due to a
motor vehicle accident and a claim is made against a third
party, all benefits received under this Collective
Agreement will be returned to the Company upon receipt
of the insurance money covering full wages or if full wages
are not received, sick.& accident benefits will pick up the
difference. Where monies paid by the Weekly Indemnity
plan for injuries related to a motor vehicle accident are
paid back in full to the insurer by a third party, the
employee will be considered to be on medical leave of
absence and will receive pension credits for the period of
his absence up to a period of one year.
In the event of a non payment of a weekly indemnity claim,
the company agrees to pay the weekly indemnity benefit
as listed above in the event of a disputed claim thrOO (3)
calendar weeks after the receipt of the claim form, 'if
requested by the employee.
In the event of non payment of a Workers' Compensat ion
claim, the Company agrees to pay the weekly indemnity
benefit as listed above in the event of a disputed claim
three (3) calendar weeks after the accident date, if
requested by the employee.
When an employee has a Workers' Compensati on claim
pending and then collects weekly indemnity payment, no
income tax will be deducted from his benefit cheque.
'
The Company shall have the right, and an employee
claiming payment for disability, shall afford an
opportunity for examination of the employee by a
physician appointed by it When an employee has been off
work longer than would normally be expected for his or
her particular condition.
56
. ::1. :;{;-:;;;.
•:
i.;
I
I
I
,-,,,.,
If a dispute shalt arise pertaining to Weekly Indemnity
payments, and such dispute does not involve a difference
of opinion between two legally qualified physicians, the
dispute shall be handled in the following manner:
(1) the employee, the Union and the Company shall
review the matter;
(2) if agreement is not reached at such meeting, the
Union may present a grievance as described in
Article 1B (Grievance Procedure) of the Collective
Agreement and such grievance shall be discussed
within 5 working days from the date the
grievance was submitted to the Company unless
it is mutually agreed to extend the period.
(3) If the matter is not resolved through the
grievance procedure, the arbitration provisions of
the Collective Agreement may be invoked.
If a dispute shall arise involving a difference of opinion
between two legally qualified physicians, the dispute shall
be handled in the following manner:
{1) the employee shall continue on disability claim
during the period of dispute. The Company shall
have the right to recover the moneys by payroll
deduction as per governmen t garnishee
guidelines, if it is subsequently determined that
the employee was not entitled to such benefits.
(2) the Union and the Company shall review the
matter and determine the type of third party
medical opinion (i.e., General Practitioner or
Specialist) required;
(3) the Union and the Company shall agree on the
legally qualified physician who will render the
binding third party opinion after examination of
the employee. Agreement on the third party shall
be reached in a reasonable and expeditious
manner.
EMPLOYEE ASSISTANCE PROGRAM
All active employees shall be covered by an Employee
Assistance Program to provide confidential counseling
through an BOO number for personal and family problems.
39:02 In the event of lay-off all insurance coverage shall be
maintained for the following periods, with the exception
of weekly indemnity insurances:~
57
..· ··· .
'·''<
,..
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-.:
··~
t.,
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i
I
Up to 2 years of seniority - 1 month following the month
employment interrupted.
2 years but less than 5 years of seniority - 3 months
following the month employment interrupted.
I
I
I
I
I
I
5 years but less than 10 years of seniority -9 months
following the month employment interrupted.
10 years of seniority and over- 12 months following the
month employment interrupted.
Employees returning from layoff who have been removed
from the active benefit listing shall be reinstated to all
benefits on the first of the month prior to their return to
active employment, as stated in this article.
Employees who are on Weekly Indemnity benefits and
were in a layoff position, but because of their seniority are
placed in a recall position, shall have all benefits reinstated
on the first of. the month prior to their return to active
employment, as stated in this article.
If an employee is receiving Workers' Compensation, he
and his eligible dependants will be covered for all
benefits listed in section 39:01.
If an employee is receiving Weekly Indemnity he and his
eligible dependants will be covered for all benefits listed
in section 39:01 for a period not to exceed two (2) years.
If an employee is on Weekly Indemnity benefits, life
insurance coverage shall continue regardless of his
seniority status.
ARTICLE 40 - PENSION PLAN
Any employee who has attained 25 years of service and
has reached age 60 may retire with an unreduced
pension.
Any employee who has attained 30 years of service and
has reached age 50 may retire with an unreduced
pension. All employees wishing to retire under this
provision but who have not reached the age of 55 may do
58
so at any time of the year, but they must advise the
Company in writing of their decision to retire in any given
year between January 1 and February 15 of that year. If
no request to retire is made during this period, the
employee may not make a request to retire until the next
period of January 1 to February 15 in the following year.
I
I
Effective January 1, 2001 a non-contributory pension plan
for all eligible employees shall be thirty-three dollars
($33.00) per month per year of past and future service.
Effective January 1, 2002 a non-contributory pension plan
for all eligible employees shall be thirty-five dollars ($35.00)
per month per year of past and future service.
Effective January 1, 2003 a non-contributory pension plan
for all eligible employees shall be thirty-eight dollars
($38.00) per month per year of past and future service.
Effective January 1, 2001 supplementary of twenty-three
dollars($23.00) a month per year of service will be paid to
all employees till they reach age sixty (60) and who have
opted to retire before age sixty (60)
Effective January 1, 2002 supplementary of twenty-three
dollars ($23.00) a month per year of service will be paid to
all employees till they reach age sixty (60) and who have
opted to retire before age sixty (60).
Effective January 1, 2003 supplementary of twenty-three
dollars ($23.00) a month per year of service will be paid to
all employees till they reach age sixty (60) and who have
opted to retire before age sixty (60).
Effective January 1, 2001 a special supplement of
seventeen dollars ($17 .00) a month per year of service will
be paid to all employees till they reach age sixty-five (65)
and who have opted to retire before age sixty five (65).
Effective January 1,2002 a special supplement of
seventeen dollars ($17.00) a month per year of service will
be paid to all employees till they reach age sixty-five (65)
and who have opted to retire before age sixty five (65).
Effective January 1, 2003 a special supplement of
seventeen dollars ($17.00) a month per year of service will
be paid to all employees till they reach age sixty-five (65)
and who have opted to retire before age sixty five (65).
59
The monthly payments made from the pension plan to
people drawing regular pensions shall be increased each
January 1st by 65% of the above listed yearly increase
for each of these types of payments, provided that the
person is otherwise eligible to receive the benefit. Such
payments are subject to the limitations of the Income Tax
Act.
The monthly payments made from the pension plan to
people drawing disability pensions shall be increased each
January 1st by 60% of the increase in the Consumer
Price Index, subject to a maximum increase in any one
year of 3.5%.
Transitional Benefits
If a vested employee dies while in the employ of the
Company, his spouse shall receive 65% of the employee's
accrued pension benefit at the time of the death when
said employee would have reached the age of his
earliest retirement.
In the event of a death of an active employee with ten (1 0)
or more years of seniority, the spouse and/or eligible
dependants as stated in Article 39:01 will be covered by
all benefits as stated in Article 39:01 (1,2,3,4,5,6,7,8 & 9)
until the spouse remarries or no longer requires the
coverage.
All retirees or employees having vested pension rights,
shall be covered by a ten thousand dollar ($1,0,000.00)
life insurance policy.
All employees who opt to retire early shall be covered by
the life insurance as stated in this agreement until they
reach the age of sixty-five (65) as stated in Article 39.
ARTICLE 41 - NEW TECHNOLOGY
The parties agree that with the introduction of new
techniques and technologies, it is important that advance
planning be made to anticipate skills, needs and training
required and will be discussed with the Union 90 days in
advance of such changes.
In the case of new technology, the Company will, if the
need arises, train employees to operate or maintain this
equipment so as not to displace employees out of
seniority.
' .. ~
..
··.:
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..
In the event that the Company and Union cannot reach
an agreement on any new technological change, either
party may refer to Article 18:00 as set out in this
Collective Agreement.
ARTICLE 42- WORKERS'REPRESENTATION ANO PLANT FUND
42.01 The Company will pay into the Plant Fund the sum of four
cents ($0.04) per hour for all hours worked. The money
will be paid monthly and used to support workers' sports
and recreational activities, as well as special activities such
as Christmas parties, ratification votes and other needs
of the union that comply with the by-laws of the Union.
ARTICLE 43 - JOB SECURITY
43:01 The Company agrees that when customers change their
vehicles resulting in new parts replacing current parts that
the new parts will be produced in the Windsor facility.
In the event that there is no replacement business the
Company will make every effort to obtain a similar amount
of new business to replace the lost business.
In the event there is a reduction in the Windsor workforce
resulting in a layoff of an individual, with at least one (1)
year of seniority, for a layoff period exceeding six (6)
months the Company agrees that such person affected
by such a layoff will have the opportunity to be hired at
the first opening at any other Fabco owned operation and
be subject to such training as may be required to work at
the other facility.
A joint Company/Union sourcing committee will meet
quarterly to monitor compliance with this agreement.
Disputes may be submitted by either party to an
independent arbitrator.
61
60
.i:f''
:
To study the problems arising from technological change,
a joint committee comprised of the negotiating
committee and management shall be formed to discuss
any information relevant to the proposed technological
change including any new or increased health hazards
associated with the new technology.
........,..
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ARTICLE 44 - LEGAL SERVICE PLAN
44:01 The current legal service plan jointly administered as part
of the C.A. W. legal service plan will be funded at the rate
of eight and one-half cents ($0.085) cents per straight time
hours worked.
ARTICLE 45 - DURATION OF AGREEMENT
45:01 This agreement shall be effective from the first day of
January, 2001 to and including the 31st day December
2003. Either party shall be entitled to give notice in
writing to the other party as provided in the Labour
Relations Act of its desire to bargain with a view to the
renewal of the expiring collective agreement at any time
within a period of 90 days before the expiry date of the
agreement. Following such notice to bargain the parties
shall meet within 15 days of the notice or within such
further period as the parties mutually agree upon.
It is agreed that during the course of bargaining it shall be
open to the parties to agree in writing to extend this
agreement beyond the expiry date of December 31, 2003
any stated period acceptable to the parties and in
accordance with the Labour Relations Act.
Provided that for purposes of all notices under this
Article, notice in writing shall be deemed to have been
received by the party to whom it is sent upon the mSiling
of such notice by registered mail addressed to the
current address of the other party.
45:02 The Company will maintain all pension language and
severance language, in the event there is not an
agreement in place by December 31, 2003 for all time
beyond December 31, 2003 there is not an agreement in
place and in the event the Company ceases operations
at TKA Fabco Windsor Division Road.
I
I
CLASSIFICATIONS AND WAGE RATES
PLANT N0.1
I
cjasSific:ation
OvertimelCode Jan.1·01
1
125.86
125.41
1
125.41
1
125.31
125.03
124.64
2
$24.17
2
125.36
3
3
12525
4
125.03
124.64
4
125.03
6
$25.03
5
$25.03
5
$24.64
5
12
$25.21
$24.64
13
$25.03
7
$24.83
6
$24.83
8
$24.64
9
$24.44
11
$24.30
11
$24.30
14
10
125.03
126.18
Instructor-Machine & Tool Repair Area
Instructor-Die Repair &Set-Up
[)je Repair& Set-Up ~A"
Die Repair & Set-Up Trainee "A" (2nd yea~
o~Repair&Set -Up Tminee ~A" (1st yea~
[)Je Repair & Set-Up Trainee "8"
Die Repair & Set-Up Tminee ~c·
Instructor-Die Setter
Die Set-up & Repair ~A"
[)ie Set-Up & Repair "8"
Die Set-Up & Repair "C"
Instructor-Shipping Department
Shipping &Stamp"1ng Inspector
Stamping & Receiving Inspector "N
Stamping & Receiving Inspector "8"
Sei-Up Welder
Set-Up Processor
Crane Operator & Uft Truck Driver
Lift Truck Driver & Shipping Clerk
Uft Truck Driver
eoo.or
-
Opere1or & Se1-Up
Press Operator
Jannor & General Helper
Production Welder
Electrical Maintenance & Repair
Jan.t-11:2
126.38
125.92
125.92
125.81
125.53
125.13
124.86
125.87
125.75
$25.53
$25.13
$25.53
$25.53
$25.53
125.13
$25.72
$25.13
$25.53
125.53
$25.33
$25.13
$24.93
$24.78
$24.78
$25.53
126.71
Jan. 1·03
126.64
126.18
126.18
126.07
$25.78
125.38
124.90
126.12
126,01
$25.78
$25.38
$25.78
$25.78
$25.78
$25.38
$25.98
125.38
$25.78
$25.58
$25.58
$25.38
$25.18
~
$25.03
125.78
$26.97
-
An Instructor is a member of the bargaining unit who, along with
his regular duties, guides and co-ordinates the activities of
others.
Any employee who has held the classification of Die Set-Up &
Repair "C" for a period of one year will be automatically
promoted to the classification of Die Set-Up & Repair "8".
Any employee who has held the classification of Die Set-Up &
Repair "8" for a period of one year will be automatically
promoted to the classification of Die Set-Up & Repair "A".
Wage Rates ~ New Employees
New employee rate will be 85% of the negotiated classification
wage.
After 26 working weeks, a new employee will receive 90%
of the negotiated classification wage.
After 39 working weeks, a new employee will receive 100%
of lhe negotiated classification wage.
62
,,,,,,,'-fl?S•.<'· .:,: ·~(\1X~·..
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63
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1
CLASSIFICATIONS AND WAGE RATES
PLANT N0.2
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CLASSIFICATIONS AND WAGE RATES
HEAVY VEHICLE PRODU CTS
I
Overtime/Code Jan. 1-01 Jan. 1-02 Jan. 1·03
ClassifiCation
$26.71 $26.97
$26.18
1
Layout
Prototype
&
Instructor-Welder Fixture
- $26.97 .v
$26.71
$26.18
3
Mecharl\c
Plant
&
Instructor-Industrial Truck Repair
$26.49
$26.22
$25.71
3
"A"
Industrial Truck Repair & Plant Mechanic
$25.53 $25.78
$25.03
3
Industrial Truck Repair & Plant Mechanic "B"
$25.81 $26.07
$25.31
1
Welder-FiKture & Prototype layout
$25.53 $25.78
$2&03
2
Welder-Fixture & Prototype Layout Trainee "A"
$25.13 $25.31!
$24.64
2
Welder-Fixture &Prototype Layout Trainee 'B"
$25.79 $26.05
$25.29
7
Instructor-Paint Une
$25.75 $26.01
$25.25
4
e
Maintenanc
&
Repair
Tool
&
Machine
$25.75 $26.01
$25.25
5
"A"
Repair
&
Die Set-4:1
$25.53 $25.78
$25.03
6
'B"
Repair
Die Set·Up &
$25.13 $25.38
$24.64
6
·c·
Die Set-Up & Repair
"A"
Inspector
t
Departmen
Paint
&
Fatrication Assembly
$25.53 $25.78
$25.03
10
Fa~ication Assembly & Paint Department Inspector "B"
10
12
9
14
12
13
8
Production Welder
Crane Operator & lift True!<. Driver
Shipping Department & Lift Truck Driver
Set-Up Welder
Set-Up Processor
Spray Painter
Uft Truck Driver
Press Operator &Set-Up
11
13
-13
13
17
Press Operator
General Helper
Janitor & Gefleral Helper
$24.64
12•03
$25.03
$24.83
$25.21
$24.64
$24.83
$24.83
$24.44
$24.30
$2430
$24.30
$25.13 $25.38
$25.53 $25.78
$25.53 $25.78
$25.33 $25.58
$25.72 $25.98
$25.13 "$25.31!
$25.33 $25.58
$25.33 $25.58
$24.93 $25.18
$24.78 $25.03
$24.78 $25.03
$24.78 $25.03
with
An instructor is a membe r of the bargaining unit who, along
s of
activitie
the
nates
co-ordi
and
guides
duties,
his regular
others.
&
Any employee who had held the classification of Die Set-Up
tically
automa
be
will
year
one
Repair "C" for a period of
promoted to the classification of Die Set-Up & Repair "B".
I
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Overtime/Code
Classification
1
Instructor-Paint Une
2
Heavy Vehicle Welder
3
Spray Painter
4
press Work Technician
2
Sel Up Welder
with
An instructor is a membe r of the bargaining unit who, along
s of
his regular duties, guides and co-ordi nates the activitie
others.
press Work Technic ian Wage Rates
$24.72
$25.06
$25.25
Job posting entry ov~
After lwo-thousand (2000) hours
After four-thousand (4000) hours
$25.21
$25.56
$25.75
$25.47
$25.82
$26.01
Wage Rate • New Employ ees
ation
New employees' rate will be 85% of the negotiated classific
wage.
After 26 working weeks, a new employee will receive 90%
of the negotiated classification wage.
After 39 working weeks, a new employee will receive 100%
of the negotiated classification wage.
&
Any employ ee who had held the classification of Die Set-Up
tically
automa
be
will
year
one
of
period
a
for
"8"
Repair
promot ed to the classification of Die Set-Up & Repair "A".
Wage Rates - New Employ ees
cation
New employees' rate will be 85% of the negotiated classifi
wage
After 26 working weeks, a new employee will receive 90%
of the negotiated classification wage.
After 39 working weeks, a employ ee will receive 100% of
the negotiated classification wage.
64
Jan. 1-01 Jan.1-02 Jan. 1-03
$26.05
$25.79
$25.29
$25.78
$25.53
$25.03
$25.58
$25.33
$24.83
$26.01
$25.75
$25.25
$25.98
$25.72
$25.21
65
T
I
Plant to Plant Transfers
I
preventative Mainte nance Postin g
I
January 1 , 1980
I
January 1, 1980
Mr. Jim Kennedy
International Representative,
International Union, U.A.W.,
1568 Ouellette Avenue,
Windsor, Ontario
Mr. Jim Kennedy
International Representative,
International Union, U.A. W.,
1568 Ouellette Avenue,
Windsor, Ontario
Dear Jim:
Dear Jim:
collec tive
The Comp any agrees upon ratifica tion of this
Opera tor
Press
any
"If
that
stating
notice
a
post
to
ient
agreen
versa,
vice
or
2
No.
Plant
to
1
No.
wishing to transfer from Plant
. The
shall notify the Personnel Office in writing of their desire"
the
when
and
dictate
ments
require
as
transfer will take effect
ent.
Company can feasibly facilitate the request of the movem
wishing to
This list will be permanent in nature and anyone
Person nel
the
notify
shall
future
the
in
time
any
at
r
transfe
to the list.
added
be
shall
name
their
Department, in writing, and
ing the
During recent negoti ations the classifications regard
preventative maintenance person was discussed.
post for a
The Company, upon ratification of this agreement, will
is for the
posting
the
that
ing
indicat
"A"
Repair
&
Die Set-Up
nance.
position of preventative mainte
plants
The decision whethe r one (1) person can cover both
will be
presently or whether two (2) will be required now or later
.
made at that time and the Plant Chairman will be advised
Sincerely,
Sincerely,
DOUG R. HEWITT
Personnel Director
DOUG HEWil T
Personnel Director
66
67
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Lift Truck Drivers -Vacancies
I
Utility Welder
January 1, 1980
I
January 1, 1980
I
.
Mr. Jim Kennedy
International Representative,
International Union, U.A.W.,
1568 Ouellette Avenue,
Windsor, Ontario
Mr. Jim Kennedy
International Representative,
International Union, U.A.W.,
1568 Ouellette Avenue,
Windsor, Ontario
Dear Jim:
Dear Jim:
As discussed during our recent negotiations, the Company agrees
to post vacancies in the lift Truck Driver classification indicating
the area for which the vacancy applies.
As discussed during recent negotiations, the Company agrees
to post the future requirements for the position of "Utility Welder".
Any employee presently holding the Lift Truck Driver
classification may apply for the new posting.
In the case when there are classified drivers on lay-off from their
classification and an opening is available in one of the
designated areas, the Company will post a notice to all drivers
presently holding the classification.
Such posting will be for the classification of "Welder A" with the
destination of position of Utility Welder.
Sincerely,
DOUGHEWITI
Personnel Director
Any of the above wishing to transfer to the available openings
may apply in writing requesting the transfer. The void, if any,
created by this transfer will be filled by the senior employee on
lay-off from this classification.
'
It is agreed, that the Company may use an employee• with
back-up lift Truck Driver status for a period of up to five (5) working
days during the period of identification and subsequent transfer
of the employees concerned.
The general area of responsibility in the classification will be:
Stamping Area
Stamping Area
Welding Area
Paint line
-Plant No.1
-Plant No.2
-Plant No.2
-Plant No.2
Sincerely,
DOUGR.HEWm
Personnel Director
69
68
~~~t:
{;
';:·
Production Rates
spray Painter ~ Breaks
January 25, 1980
July 23, 1982
Mr. Jim Kennedy
International Representative,
International Union, U.A. W.,
1568 Ouellette Avenue,
Windsor, Ontario
Mr. Jim Kennedy
International Representative,
International Union, U.A. W.,
1568 Ouellette Avenue,
Windsor, Ontario
Dear Jim:
oearJim:
During negotiations held on January 23, 1980 considerable time
was spent discussing the rates of production that are published
for use of our production people.
This will confirm our discussions in recent negotiations that
employees working the Spray Painter classification will be
allowed forty (40) minutes of break time during the working day,
which included the twenty {20) minutes of break time as
allocated in the collective agreement.
It was suggested that the employees on the floor do not
understand the codes that are printed on the production cards
and they are not aware of what is expected of them in some
areas.
Sincerely,
DOUG HEWITT
As a result of the discussion the Company will distribute to each
employee a notice explaining what codes imply-and exactly what
is expected of each employee.
Personnel Director
Further to this, if a studied rate is to be restudied, our
Engineering Department will give notice to Supervision and to
the Plant Chairman the reason or reasons why the study js to be
taken. This information. of course, would be passed on to the
employee or employees who are to be studied.
'
Sincerely,
DOUG HEWITT
Personnel Director
70
71
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•.
..,
Training Programs ~ Die Repair and Set Up and Welder
Prototype replaces June 6, 1997 letter page 77
Layoff and Recall
June 26, 1985
June 14,2000
Gerry Farnham
Plant Chairperson
Local 195, C.A. W.
Fabco Unit
Windsor, Ontario
Dear Gerry:
Mr. Gerry Bastien
International Representative,
International Union, U.A.W.,
1568 Ouellette Avenue,
Windsor, Ontario
As was discussed in our recent negotiations, the die repair & set up and
the welder prototype training programs shall be as follows:
Dear Gerry:
During the period an employee holds the above classification, he will be
evaluated as follows:
As was discussed at our recent negotiations, layoffs and recalls
will be handled in this case as follows:
500 Hours -The Supervisor along with a Union Representative and the
employee will meet and discuss and evaluate his progress in the job.
In the event such employee is questionable in performing the job, he will
be given the opportunity to either return to his former plant and
classification held prior to his die repair & set-up trainee "C"
welder-prototype trainee "8" classification according to seniority or try
to perform his duties as a trainee for another 500 hours.
1,000 Hours - The Supervisor along with a Union Representative and
the employee will meet and give an updated evaluation on the employee's
progress.
At this meeting the Supervisor will give his opinion if he feels the
employee is capable of proceeding with the program.
If the employee agrees with the Supervisor's opinion (that the employee
being questionable of proceeding with the trainee program) he Will then
have the opportunity to return to his former plant and job classification
held prior to his die repair & set-up trainee "C" and welder-prototypetrainee "8" classification according to seniority.
1. Persons are demoted because of a layoff- (eg. Set-Up
to Press Operator or Welder to L T.D.}
2. After a layoff, a recall ensues. The demoted
employees may choose to remain where they are and
the positions would then be filled by other employees
who had previously held the classifications. If the
position is declined by all the eligible employees, the
junior classified employee will be assigned to the
position.
3. If a person is laid off from his classification because
his position isbeing filled through bumping and the
bumping person decides to remain on that job after a
recall in his former classification takes place, then the
person remains on his present job until another
opening occurs.
Over 1,000 Hours - Once the trainee goes over 1,000 hours, he then
gives his right up to go back to his former classification.
It is understood that employees entering these classifications will be
required to complete courses at the Community College. The Company
will pay tuition, books, and the cost of a parking pass for the semester
for these employees, and these employees will be paid straigh~ time for
all hours spent in the classroom if class times are outside of their
scheduled working hours. If class time is during their working hours,
they shall be allowed to leave work to attend with no loss of pay. If an
employee pays any of the above mentioned fees directly, a receipt must
be presented for reimbursement.
Sincerely,
DOUGHEWm
Personnel Director
Sincerely,
Paul Mendonca
Director, Human Resources
72
73
I,
I
1
Courier and General Helper
Education Reimbursement
I
June 26, 1985
I
I
June 26, 1985
Mr. Gerry Bastien
National Representative, C.A.W.,
1568 Ouellette Avenue,
Windsor, Ontario.
Mr. Gerry Bastien
International Representative,
International Union, U.A.W.,
1568 Ouellette Avenue,
Windsor, Ontario
Dear Gerry:
Dear Gerry:
As was discussed at our recent negotiation, the courier
classification and general helper classification will be performed
by hourly rated personnel as it relates to normal plant operation.
During our recent negotiations, the subject of the education of
employees came to light. The concern centered around the new
innovations and technologies entering the workplace.
Because of this concern, the Company will reimburse an
employee the cost of his tuition and required texts on successful
completion of an approved course taken at a recognized
educational institution.
Sincerely,
DOUGHEWm
Personnel Director
Approved courses or technical skill levels related to present or
future needs of the employee and the employer.
Sincerely,
DOUGHEWm
Personnel Director
74
75
Job Security
Excessive Heat
January 1, 1988
May 26, 1988
Local195
Fabco Unit
Windsor, Ontario
Mr. Gerry Bastien
National Representative, C. A W.,
1568 Ouellette Avenue,
Windsor, Ontario.
Mr. Paul Dubruiel
Plant Chairperson
Dear Gerry:
;:
Job security was a main factor in this set of negotiations. The
Union has stated that it is not their intention to prevent the
Company from expanding their operations, but it is the intent of
the Union to secure jobs at its Windsor, Division Road facilities.
An employee must report, on an individual basis, to his or her
Supervisor stating reason he wishes to leave the plant. However,
if an employee continues to have the same problems, the
Company may request written medical evidence to support his
or her claims of illness.
As you are aware we have agreed upon a job security clause in
our new collective agreement. To reinforce this agreement the
Company would like to state that it is our intention to keep the
Windsor, Division Road facility operational.
An employee who has been asked for proof of illness and does
not provide such medical evidence, will be charged with a work
disruption on his attendance record.
During negotiations the pension credits of a relocated person
was .discussed. the Company agrees that any pension credits
acquired at a Fabco facility outside of the Windsor, Division Road
operation will be transferred to that person's Windsor, Division
Road account upon return to work after recall.
My employee who leaves the plant under the above conditions
shall have his time card marked appropriately. This information
will be reflected on the employee's absentee record.
Sincerely,
Sincerely,
DOUGHEWIT I
Personnel Director
DOUGHEWIT I
Personnel Director
77
76
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The Company has and will continue to allow employees to leave
the plant who have become ill because of excessive heat in the
plant.
Dear Paul:
'
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New HVP Facility
Tempo rary Time Studie s
June 3, 1988
Mr. Paul Oubruiel
Plant Chairperson
Local 195, C.A. W.
Fabco Unit
Windsor, Ontario
September 15, 1988
Local1 95, C.A.W.
Fabco Unit
Windsor, Ontario
Dear Paul:
If the Compa ny decide s to relocate its H.V.P. Divisio
n, it agrees
to relocate in the Windso r area. The Compa ny also
agrees to
recogn ize the Winds or Unit of C.A.W . Local
195 as the
bargaining representative for the new facility.
If the Compa ny establishes a new Windso r H.V.P. plant prior
to
Decem ber 31, 2003 the curren t contra ct will apply
with the
followin g modifications.
H.V.P. NEW FACIL ITY- JOB CLASS IFICAT IONS
The
work
force
will
have
seven
classi ficatio ns.
1.Pres s-work Techn ician
-perfor m all duties on presse s includi ng setup,
produc tion,
preven titive
mainte nance
and
minor
repair s.
-all die and material movement, when required, will
be done by
the high seniority person in this classification. (any applica
nt who
now holds the classification of Die Setup and Repair
A or B and
wishes to work for H.V.P. will be placed in the proper
wage level.)
2. Weldin g Techn ician
-dutie s
includ e
produ ction
weldin g, ' setup
and maintenance.
3. Paint-l ine Techn ician
-these person s will do the same job as they
do today.
-the curren t Instruc tor Paint-l ine will be red-cir cled
into this
classification.
Mr. Paul Dubruiel
Plant Chairperson
Dear Paul
During recent negoti ations , we discus sed elimin
ating the
Temporary Time Studie d (T.T.S.) indication from the
produc tion
time cards.
As of August 1, 1988, all newly time studied operat ions
will be
marke d as S. T. (Time Studie s). If the new S.T.
rate was
establi shed under what is consid ered Jess than
adequ ate
conditions, the parties will be advised that the rate is
subjec t to a
re-study when conditi ons are altered.
Present T.T.S. rates that are now on the floor will be
eliminated as
they are re-studied or the operation phases out.
Sincerely,
DOUG HEWIT I
Personnel Directo r
4. Protot ype/M ainten ance Techn ician
-this person will do the same job as is done today.
5. Lilt-tru ck Driver
6. Janito r & Gener al Helper
7. Set Up Welde r
Wages for the classifications above will be based
on the wage
rates stated in the Classif ication and Wage Rate
Sched ule in
effect.
78
79
Return from Disabi lity Pensio n
Job Select ion Proces s
July 1, 1988
July 1, 1988
Local 195, C.A. W.
Fabco Unit
Windsor, Ontario
Local1 95, CAW.
Fabco Unrt
Windsor, Ontario
Mr. Paul Dubruiel
Plant Chairperson
Mr. Paul Dubruiel
Plant Chairperson
Dear Paul:
The Compa ny agrees that in the event an employ ee
who is on a
disabil ity pension from the Compa ny and is deeme
d fit to return
to his regular employ ment, he shall return under
the followi ng
conditi ons:
1. Seniority does not accrue during his disabil ity period.
2. He provide s medica l docum entatio n of his ability
to return to
full time regular employ ment.
3. He will retain his original seniority status he held
prior to going
on disabil ity pension.
If the parties are unable to agree to the employ
ee's medica l
status as it relates to his returning to full time emploY
ment, that
dispute shall be submit ted to arbitration as per Article'
18:00 of
our curren t collect ive agreement.
Sincerely,
Dear Paul:
The parties agree that all produc tion employees have
the right,
within their plant, classification and shift, to select a
job of their
choice accord ing to seniority.
When an employ ee selects a specifi c job he will remain
on that
job until it finishes or for a minimu m period of two (2)
months or
until an employee with more seniority bumps into the
job.
In those cases where a job finishes or is tempor arily
stoppe d
the employee will be assigned to anothe r job. The
employ ee
will be required to work at the assign ed job until the
end of the
shift. If the employ ee wishes a differe nt job the
next day,
assuming the previou s job is still not running, he/she
must
notify the Superv isor of their new choice prior to the
end of the
shift.
Sincerely,
DOUG HEWITT
DOUG HEWITT
Personnel Directo r
Personnel Directo r
THIS LETTER WILL NOT BE VALID WHEN WORK
CELLS
ARE IMPLE MENTE D.
80
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·····---·····-···-- -Job Selection Process Lift Truck Driver and Die Set Up and Repair
New Facility
July1, 1988
June 11,1994
Local195, CAW.
Fabco Unit
Mr. Paul Dubruiel
Plant Chairperson - C.A W.
Windsor, Ontario
Fabricated Steel Products
Mr. Paul Dubruiel
Plant Chairperson
Dear Mr. Dubruiel,
Dear Paul:
It is agreed, that if the Company builds another facility in the
future in the Windsor area (namely Essex County), that facility
would be covered under the current collective agreement,
subject to discussions regarding such matters as classifications,
wage rates, work rules, etc.
Sincerely,
DOUG HEWITT
All production lift truck drivers will have the opportunity once a
year within their plant, within their shift, to choose which area
they prefer to drive for.
The assigned area will be posted by the Company at the same
time as work cell postings are made.
If another assigned area comes available other than the ones
posted, any driver may apply for this new area before a laid off
employee is moved in place or a job posting is put up.
Each driver will choose three (3) areas within their plant. Areas
will then be assigned by seniority and choice.
Personnel Director
Die set up and repair assignments will be made according to the
same procedure.
Sincerely,
Ken Myles
Personnel Director
82
83
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Pension Funding
social Justice Fund
June 20, 1994
June21, 1994
Mr. Paul Dubruiel
Plant Chairperson- C.AW.
Fabricated Steel Products
W~~dsor Area Director, C.A. W.
M Gerry Bastien
1568 Ouellette Ave.
Windsor, Ontano
NSX 1K7
Dear Paul,
-~
·;
oearGerry,
During negotiations, there were extensive discussions abotJt
funding of the pension plan.
The Company agrees that, in the event the Company ceases
operations in Windsor, the pension plan will be brought tJp to full
fUnding, using assumptions as deemed reasonable by the
Canadian Institute of Actuaries at the time this may occur.
nony agrees to contribute one hundred ten dollars {$11 0)
. IJ t' F d
The Comeper month to the c.A. w. Soc1a us 1ce un .
Sincerely,
Ken Myles
Personnel Director
Yours truly,
Ken Myles
Personnel Director
84
I
85
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Work Cell Implementation
common Law Relationships
June 22, 1994
Mr. Paul Dubruiel
Plant Chairperson- C.AW.
Fabricated Steel Products
Mr. Paul Dubruiel
Plant Chairperson- C.AW.
Fabricated Steel Products
Dear Mr. Dubruiel,
During negotiations we discussed a process for recognizing the
status of common law relationships of employees.
Dear Paul,
Common law marriages will be recognized where the common
law spouse has been registered as a dependant on the
company benefit plans.
The Company and the Union agree to continue to meet regularly
to discuss implementation of the work cells. We acknowledge
that there may be unforeseen problems with the implementation
process and if this occurs, the Company and the Union may
mutually agree to make changes.
Common law status will also be recognized for any employee
who gives written notice to the Company of such a relationship.
This relationship will then be recognized as married six (6) months
from the date such notice is received. Should the law allow a
lower qualification time before recognizing common law status,
the Company will accept those qualification times.
Yours truly,
Ken Myles
Personnel Director
Employees who are currently in a common law relationship as of
January 1, 1995, and who notify the Company by January 30,
1995, will have their status recognized immediately.
Yours truly,
Ken Myles,
Personnel Director
.,
86
87
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Modified Work
Discipline Procedures
May 30, 1997
Gerry Farnham,
Plant Chairperson - CAW,
TKA Fabco Corp.
Mr. Paul Dubruiel
Plant Chairperson - C.A. W.
Fabricated Steel Products
Dear Paul,
June 16, 2000
A Joint Modified Work Committee consisting of the Union
Benefits Representative, one other member selected by the Union,
the WCB Co-Ordinator and Personnel Manager will be
responsible for administering a modified work program. Changes
to this program will be made by agreement of the Joint Modified
Work Committee.
The purpose of this Committee is to facilitate early return to work
of employees with disabilities, according to the principles set out
below.
Where the physical limitations of the employee and the physical
requirements of the pre-injury job allow an injured employee to
perform the essential duties of the pre-injury job, the Company
will first attempt to place the injured employee back to work in
that job.
Where the physical limitations of the employee and the physical
requirements of the pre-injury job do not allow an injured
employee to perform the essential duties of the pre-injury job,
the Company will consider making reasonable modifications to
the pre-injury. Where the above is not possible, the employer will
seek to place the injured employee in other suitable work which
can be sustained for the period of the disability. If requireCJ, the
Company will consider making reasonable modifications to the
suitable job.
In identifying such work the focus will be on work that is suitably
rehabilitative in nature to enable an employee with physical
restrictions to effectively work his way back to regular full time
duties as well as identifying modifications which could be made
to existing jobs which would enable an employee with physical
restrictions to stay on his regular job or more readily assume
those duties if he has been off work for a period of time.
Dear Mr Farnham,
During negotiations, there was extensive discussion of the
manner in which discipline is administered at Fabco. The
purpose of discipline is to correct improper behaviour, and not to
impose excessively punitive penalties to employees.
The Company has committed to the Union that when
considering the penalty to be imposed for any given infraction,
consideration will be given to the following factors:
the current disciplinary record of the employee
the specific circumstances of each case
how similar situations have· been handled in the past
any extenuating circumstances.
Effective upon ratification of this contract, the disciplinary records
of all employees who have active discipline of less than a three
(3) day suspension shall be cleared. Those employees having on
their record discipline of a 3 day suspension or more, or other
letters of agreement on disciplinary matters, will have their
discipline record changed to show a written warning.
Paul Mendonca,
Director, Human Resources
Every employee who is unable to perform his regular duties as a
result of illness or injury is eligible for participation in the
modified work program.
Yours truly,
Ken Myles
Personnel Director
88
89
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···:·
Steady Shifts
Heatth Benefit Programs
Paul Dubruiel,
Plant Chairperson- CAW,
Fabricated Steel Products
Paul Oubruiel,
Plant Chairperson -CAW,
Fabricated Steel Products
June 10, 1997
May 30, 1997
Dear Mr Oubruiel,
Dear Mr Dubruiel,
During negotiations, we agreed that employees would be allowed
to work steady shifts for education or other personal reasons.
During negotiations, the possibility of the Provincial and Federal
Government reducing health benefits that are presently available
to employees was discussed.
In order to qualify for a steady shift, it will be the responsibility of
the employee to arrange with other employees in the same
classification and work cell or area, on each of the other shifts,
for full coverage on each of the shifts involved.
Should this occur, and employees experience gaps in coverage
between what the government and Fabco benefit plans cover,
Fabco will meet with the Union to discuss ways of resolving the
problems created at no cost to the employee.
Such arrangements must be approved through the Personnel
Department.
This letter also covers changes to Employment Insurance
legislation which would reduce maternity benefits from those
currently available to employees.
If, for any reason, one of the parties involved in a shift changing
arrangement is unable to participate, then the other parties must
return to regular shift rotation unless a suitable replacement is
found.
Ken Myles,
Personnel Director.
This situation would be conditional on the Company having the
right to limit the number of employees involved in chanQing of
shifts.
'
Ken Myles,
Personnel Director.
90
91
Quitting Earty
New Work
Paul Dubruiel,
Plant Chairperson - CAW,
Fabricated Steel Products
Gerry Farnham,
Plant Chairperson - CAW,
TKA Fabco Corp.
June 16, 1997
June 16, 2000
Dear Mr Dubruiel,
Dear Mr Farnham,
During negotiations, there were extensive, lengthy discussions
about the practice of quitting early and the problems created
because of it.
During negotiations there was extensive discussion regarding
future work in the Windsor Operation. It has been and continues
to be a priority for the Company to keep the Windsor facility
operational.
These problems include: employees cutting corners on quality
and not making all required checks, employees cheating on
counts, excessive movement on jobs by employees seeking the
jobs that they can quit earliest on, people assigning themselves
down time, and people quitting well before the agreed upon 24
minutes early. It has also led to indirect people thinking that they
have a right to quit early.
It was discussed that the Company is in a very tough market,
and that the need to be competitive and find better ways of
doing things is very important. The company relies on the ideas
and input from the people in order to make progress in this area.
The issue of quitting early poses a serious obstacle to meeting
these demands.
It was also discussed that the auto industry is changing, and that
with new work comes new technology and more machine
controlled processes.
As an example of our commitment, a discussion was held
regarding upcoming new work. The Company has received
orders for 16 new/replacement parts for Ford vehicles. These
parts are 2001/2/3 model years, which go into production in mid
2000/1/2. HVP has also received commitments from Caterpillar
on at least 12 new/replacements parts for the 2001/2 calendar
year.
'
The Company commits to placing production of these jobs into
the Windsor facility. As in the past, these will not be the only
parts coming into the Windsor plant over the duration of the
contract. The implementation of this and other new work serves
to create the job security all employees are looking for.
Paul Mendonca
Director, Human Resources
The above issues will, over time, result in a need for elimination
of quitting early.
The Company and the Union will form a team to discuss
methods or alternatives of accomplishing this over the term of
this agreement.
Ken Myles,
Personnel Director.
92
93
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Substance Abuse Committee
Gerry Farnham,
Plant Chairperson -CAW,
TKA Fabco Corp
Weekend Overtime
Gerry Farnham,
Plant Chairperson - CAW,
TKA Fabco Corp
June 6, 2000
June 14, 2000
Dear Mr Farnham,
Dear Mr Farnham,
The Company will recognize a Substance Abuse committee
consisting of one (1) company representative and one (1) worker
representative. Time will be provided on an as-needed basis.
The Company representative will not be in a position to initiate
disciplinary action to an hourly employee.
Paul Mendonca
Director, Human Resources
The Company agrees that scheduled Saturdays, Sundays, and
holidays will be six (6) hour shifts.
A six hour shift on an overtime day will have a paid twenty minute
lunch period plus a 5 minute wash up and a 5 minute washup at
the end of the shift.
Six hour shifts will be scheduled as follows:
Shift 1 - 11:00 p.m. to 5:00a.m.
Shift 2-6:00 a.m. to 12:00 p.m.
Shift 3- 12:00 p.m. to 6:00p.m.
The company may, on an occasional basis to meet production
requirements, after notification to the Union, run eight (8) hour
voluntary shifts on Saturdays, Sundays, and holidays.
Paul Mendonca
Director, Human Resources
94
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95
Quick Chang eover
Increa se in Throug hput
Gerry Farnham,
Plant Chairperson - CAW,
TKA Fabco Corp
Gerry Farnham,
Plant Chairperson - CAW,
TKA Fabco Corp.
June 16, 2000
June 16, 2000
Dear Mr Farnham,
Dear Mr Farnham,
During negotiations there was discussion on the need
to improve
our ability to perform quick and efficient job change
overs in our
operations. This is an importa nt factor in our ability
to improve
our Overal l Equipm ent Effecti venes s (O.E.E.)
in order to
maximize our equipm ent uptime and utilization.
During negotiations there was extensive discussion
regarding the
import ance of the Winds or facility being compe
titive in our
industry. The Company and the Union agree to continu
e to work
togethe r to implement changes required in order to
increase the
throug hput in the Windsor operations.
The Company will be implementing a procedure where,
if required,
the set-up man may utilize a lift truck to move
produc tion
material, scrap, fixtures, dies and containers to and from
the press
area and also to install and remove the die from the
press. This
contin uous improv ement chang e has worke d
well in the
blankin g area by increas ing both uptime and capaci
ty, thus
allowing us to run the equipm ent more effectively.
This change
will be implemented throughout the plants.
Our ability to be compe titive depend s on being flexible
in our
operat ing proced ures. This flexibil ity is a critica
l factor in
allowing us to move ahead of our competition.
i
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Paul Mendo nca
Director, Human Resources
I
I
Paul Mendonca
Director, Human Resources
f·
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96
97
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Steady Shifts ~ Replace s letter on page 105 of the contrac t
Gerry Farnham,
Plant Chairperson - CAW,
TKA Fabco
,,
June 14,2000
June 15, 2000
Dear Mr Farnham,
During negotiations, we agreed that employees would be allowed
to work steady shifts for education or other personal reasons.
In order to qualify for a steady shift, it will be the responsibility of
the employee to arrange with other employe es in the same
classification and work cell or area, on each of the other shifts,
for full coverage on each of the shifts involved.
For job picking purpose s when switchin g shifts, all persons
involved in the switch will assume the seniority of the lowest
individual involved in the switch.
For the persons involved in a switch, overtime will only be
allowed to be worked on their home shift.
..
Lift Truck Drivers to replace letter on page 71 of the Collecti ve Agreem ent
(Januar y 1, 1980)
:r:' •.
Mr. Geny Farnham
Plant Chairperson - CAW.
TKA Fabco Corp.
Dear Mr Farnham:
As was agreed to at the negotiating table, the Company
will continue to employ a classified Lift Truck Driver when five (5)
or more work centres are in operation in either Plant No. 1 or
Plant No.2.
Paul Mendonca
Director, Human Resources
Such arrange ments must be approve d by the Lead Area
Managers on the affected shift and shall not be unreasonably
denied.
If, for any reason, one of the parties involved in a shift changin
g
arrangement is unable to participate, then the other parties must
return to regular shift rotation unless a suitable replacement is
found.
This situation would be conditional on the Compan y having the
right to limit the number of employees involved in changing of
shifts.
Paul Mendonca
Director, Human Resources
98
99
.·::
Agreed at Windsor, this 24TH day of June, 2000.
For the Union:
For the Company:
Geny Farnham
Bob Soulliere
Rob Kennedy
Gary Hennan
John Toth
Paul Mendonca
Randy Renaud
Paul Nardone
Rico Panazzola
Rob Chanko
Ken Maheux
Paul Escott
EMERGENCY CALLS
The Following procedures are to be followed when it is
necessary for family to contact an employee while he/she is at
work. Please note that these procedures are only to be used in
the case of emergency situations.
.~,
~;
During Office Hours (8:00 a.m. to 4:30 p.m.)
Call the Personnel Office directly at directly at 972-2815, and we
will take a message which will be forwarded to the employee on
the floor as soon as possible.
&.
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After Office Hours (4:30 p.m. to 8:00 a.m.)
Mel Peladeau
;~
Call the Answering Service at 973-4588. Tell the operator the
name of the person to be contacted, the plant he is working in,
and the message. An operator will page the supervisor in that
plant who has the pager, and relay your message to him. He will
then advise you of the call.
If you forget the answering service number, you may call the main
plant number (969-9580), and the recording will give you the
emergency number.
'!:,.
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CONTACTING THE UNION OFFICE
'
With our new phone system there are 2 different ways to reach
the Union Office, explained in the table below.
Call Direct
Line
Person
Call Main Line
(969-9580) and
at Prompt Enter
Plant Chairperson
972-2862
862
Benefit Rep.
Committeepersons
972-2890
972-2894
890
894
REPORTING ABSENCES
The collective agreement now allows absences to be reported
between 8:00a.m. and 4:30p.m. every day. It is now possible to
report weekend absences as well, as a message can be left even
when no one is in the office. The call in number is 972-2815.
If you are calling to report an absence due to work relayed injury,
contact the Health and Safety Co-Ordinator at 972-2801.
101
100
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2001
s
w T F
JANUARY
T
M
7
14
21
28
1
8
15
22
29
2
9
16
23
30
s
s
2002
FEBRUARY
4
11
18
25
1
8
15
22
29
2 3
9 10 5
16 17 12
23 24 19
26
2
9
16
23
30
3
10
17
24
31
2
9
16
23
30
3
10
17
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6
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10
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31
3
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11 12 13 14
18 19 20 21
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6
13 6
20 13
27 20
27
7
14
21
28
1
8
15
22
29
2
9
16
23
30
3
10
17
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31
4 5
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25 26
NOVEMBER
2
9
16
23
30
3
10
17
24
31
4
11
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25
3
10
17
24
4
11
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1
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SEPTEMBER
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30
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6
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24 25 26 18 19 20 21 22 23 24
31
25 26 27 28 29 30
1 2
6 7 8 9
13 14 15 16
20 21 22 23
27 28 29 30
T
1 2
6 7 8 9
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JUNE
3
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24
4
11
18
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w
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4 5 6 7
11 12 13 14
18 19 20 21
25 26 27 28
1
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22
29
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9
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s
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29 30
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w
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DECEMBER
1
8
15
22
29
2
9
16
23
30
3
10
17
24
31
4 5 6 7
11 12 13 14
18 19 20 21
25 26 27 28
I
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s
w
T
M
T
s
F
NOTES
s
JAN UAR Y
5
12
19
26
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13 14 15 16
20 21 22 23
27 28 29 30
3
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24
4
11
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27
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24 25 26 27
31
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4
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1
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2
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30
NOVEMBER
2 3 4 5
9 10 11 12
16 17 18 19
23 24 25 26
30
6
13
20
27
DECEMBER
2 3 4 5 6 7
9 10 11 12 13 14
16 17 1a 19 20 21
23 24 25 26 27 2a
30
...1~~-'·
4 5
11 12
1a 19
25 26
OCTOBER
JUN E
1
8
15
22
29
3
10
17
24
31
SEPTEMBER
1
a
15
22
29
1 2 3 4 5
7 a 9 10 11 12 5
14 15 16 17 18 19 12
21 22 23 24 25 26 19
28 29 30
26
5
12
19
26
2
9
16
23
30
4 5 6 7
11 12 13 14
18 19 20 21
25 26 27 28
MAY
4
11
1a
25
1
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AUG UST
APRIL
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